02/03/2000
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Agenda: 2-3-00
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City Commission
Meeting
2-3-00
note: 1-31-00 Preliminary (W orksession) Agenda and paperwork that was
in package initially but then not continued onto Thursday's agenda is at
the back of this agenda pack.
I ~99
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ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING
Thursday, February 3, 2000 - 6:00 P.M. - Commission Chambers
1. Invocation - Dr. James Hilton, Central Christian Church.
2. Pledge of Allegiance - Mayor.
3. Service Awards - None.
4. Introductions and Awards
a) Proclamation: Burn Awareness Week - 2/6-12/00
5. Presentations
a) 1999 Federal Legislative Report - Danielle McBeth - Given.
6. Approval of Minutes - Regular Meeting 1/20/00 - Approved as submitted.
7. Citizens to be heard re items not on the Agenda
John Tassanari said a City letter had stated repairs to his street are planned. He dislikes the
roundabout.
Stacy Brooks, Jesse Prince, and Robert Minton, of the Lisa McPherson Trust, requested the
investigation of a police incident, opposed some Scientology practices, and requested the City not
provide Scientology special treatment. Mr. Minton requested a meeting with the City Manager.
John Doran said he likes the roundabout and said letters of complaint to the editor represent an
infinitely small percentage of users.
Joe Niezielski questioned why the City does not provide motorcycle escorts for Toys for Tots.
He complained vehicles on Gulf-to-Bay Boulevard play music too loudly. The City Manager said the
Commission had forbid the use of motorcycle units for that purpose due to safety concerns. Staff will
respond to his noise complaint.
PUBLIC HEARINGS
Not Before 6:00 P.M.
8. (Cont'd from 1/20/00) Public Hearing & First Reading Ords. #6488-00, #6489-00 & #6490-00 -
Annexation, Land Use Plan Amendment to Residential/Office Limited & Office Zoning, 3150
McMullen Booth Rd., Sec. 21-28-16, M&B 23.10 (Robert & Nancy Hurst, A99-20)
ACTION: Approved. Ordinances passed 1st reading.
Public Hearing - Second Reading Ordinances
9. Ord. #6470-00 - Annexation, Sunset Highlands Unit 2, Lot 6 (Booker T. & Hong-Sun Colson)
ACTION: Ordinance adopted.
10. Ord. #6471-00 - Land Use Plan Amendment to Residential Urban, Sunset Highlands Unit 2, Lot 6
(Booker T. & Hong-Sun Colson)
ACTION: Ordinance adopted.
11. Ord. #6472-00 - LMDR Zoning, Sunset Highlands Unit 2, Lot 6 (Booker T. & Hong-Sun Colson)
ACTION: Ordinance adopted.
2/3/00
1
12. Ord. #6473-00 - Annexation, Sec. 16-29-16, M&B 22.04 (Taylor G. Bingham III)
ACTION: Ordinance adopted.
13. Ord. #6474-00 - Land Use Plan Amendment to Residential Urban, Sec. 16-29-16, M&B 22.04
(Taylor G. Bingham III)
ACTION: Ordinance adopted.
14. Ord. #6475-00 - LMDR Zoning, Sec. 16-29-16, M&B 22.04 (Taylor G. Bingham III)
ACTION: Ordinance adopted.
15. Ord. #6477-00 - regarding sale of city owned surplus real property
ACTION: Ordinance adopted.
16. Ord. #6478-00 - Vacating 50' r-o-w of N. Gulfview Blvd., lying north of Papaya Street (aka Palm
Street) & south of San Marco Street (AKA Mangrove Street) (Mandalay Beach Club, Ltd., VOO-
01 )
ACTION: Ordinance adopted.
17. Ord. #6479-00 - Granting to KMC Telecom III, Inc. permission to occupy municipal streets and
rights-ot-way in the City of Clearwater as a means of providing telecommunication service;
prescribing terms and conditions accompanying the Grant of Franchise
ACTION: Ordinance adopted.
18. Ord. #6480-00 - amending City Code of Ordinances and amending City of Clearwater Money
Purchase Pension Plan Document, to provide for loan provisions tor plan participants
ACTION: Ordinance adopted.
19. Ord. #6481-00 - Vacating westerly 3' of easterly 10' utility easement, Del Oro Groves, First
Addition, Lot 110, subject to complying with Sec. 1 ot Ordinance (Groteke, V99-1 2)
ACTION: Ordinance adopted.
2/3/00
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20. ReadoRt Ord. #6482-00 - Submitting to the City Electors proposed amendments to the City
Charter amending Sec. 2.01 (d) 5 (vii) regarding leasing surplus municipal real property
ACTION: Ordinance readopted.
21. Ord. #6483-00 - land Use Plan Amendment to Residential/Office Limited for property located at
809 Druid Rd., Magnolia Park Sub., Blk 40, lots 4 & 5 (Stephen Watts)
ACTION: Ordinance adopted.
22. Ord. #6484-00 - Office Laning for property located at 809 Druid Rd., Magnolia Park Sub., Blk 40,
Lots 4 & 5 (Stephen Watts)
ACTION: Ordinance adopted.
23. Ord. #6485-00 - Annexation, 1735 West Manor Ave., Clearwater Manor, lot 39 (Nabil & Nadia
Youssef, A99-211
ACTION: Ordinance adopted.
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24. Ord. #6486-00 - Land Use Plan Amendment to Residential Low, 1735 West Manor Ave.,
Clearwater Manor, Lot 39 (Nabil & Nadia Youssef, A99-21)
ACTION: Ordinance adopted.
25. Ord. #6487-00 - LMDR Zoning, 1735 West Manor Ave., Clearwater Manor, Lot 39 (Nabil &
Nadia Youssef, A99-21)
ACTION: Ordinance adopted.
26. Ord. #6492-00 - Land Use Plan Amendment to Commercial General, 2463 Gulf to Bay Blvd.,
Sec. 18-29-16 (Sunny Grove Mobile Home Park, Inc., Z99-04)
ACTION: Ordinance adopted.
27. Ord. #6493-00 - Commercial Zoning, 2463 Gulf to Bay Blvd., Sec. 18-29-16 (Sunny Grove
Mobile Home Park, Inc., Z99-04)
ACTION: Ordinance adopted.
28. ReadoPt Ord. 6494-00 - Relating to Employees Pension Plan; amending Sec. 2.393 of Code of
Ordinances to amend or delete definitions; amending Sec. 2.397 of Code to amend benefits
under the plan; providing for referendum election relating to the pension plan
ACTION: Ordinance readopted.
29. Ord. #6498-00 - Relating to Occupational License Fees; amending Appendix A, Schedule of Fees,
Rates & Charges by 5 % increase in fees and amending administrative fee charges
ACTION: Ordinance adopted.
30. Ord. #6499-00 - Relating to Building & Development Regulations; amending Appendix A,
Schedule of Fees, Rates & Charges, Relating to Sec. 47.084(4)
ACTION: Ordinance adopted.
2/3/00
3
31. Ord. #6500-00 - establish new non-resident fees for participation at City recreation facilities and
in City recreation programs & activities
ACTION: Ordinance adopted.
32. Ord. #6501-00 - reducing number of members on Library Board from 9 to 7
ACTION: Ordinance adopted.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #33-40) - Approved as submitted.
33. Approval of Purchases per Purchasin~ Memorandum:
Garber Buick Pontiac GMC, one 2000 Chevrolet Cavalier compact sedan (replacement), $12,318;
funding to be provided under City's Master Lease-Purchase Agreement (GS)
Don Reid Ford, two 2000 Ford Taurus sedans (replacements), to be used by Police, $31,450;
funding to be provided under City's Master Lease-Purchase Agreement (GS)
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Professional Grounds Management, maintenance of medians on Gulf to Bay Blvd., 3/1 /00-
2/28/01, est. $38,426 (OOL)
Grinnell Corp., brass water fittings, 3/1/00-2/28/01, est. $60,000 (PWI
34. Ratify/Confirm City Manager's decision to increase professional service contract with Krishnan
Anandan, Parks and Recreation Tennis Professional, from $25,000 to $55,000 and extend term
from 12/31/99 to 4/30/00 (PR)
35. Award $50,000 contribution to Clearwater Arts! Foundation, Inc. (QOL)
36. Contract for Sand Key Sailing Center - Boat Ramps to Harvey-Taddeo, Inc., for $115,361.40
(PW)
37. Authorize release of that certain Easement for waterlines and related facilities granted by WRC
Properties, Inc. on 10/22/80 in respect to its encumbrance of Phase III Arbor Office Center (PW)
38. Agreement with FDEP to share contamination assessment & site remediation costs at Clearwater
Beach Seafood located at 37 Causeway Blvd., $132,840 (PW)
39. Agreement with FDEP to share contamination assessment & site remediation costs related to
former fleet maintenance facility located at 507 Vine Ave., $270,600 (PWI
40. Drainage & Utility Easement - parcel of land lying within Sec. 15-29-15 & Sec. 22-29-15 (The
Clearwater Group, Ltd. & Clearwater Phase I Partners, ltd.)(CAI
OTHER ITEMS ON CITY MANAGER REPOAT
41. Update regarding Cell Tower Issue
ACTION: Update given.
42. Contract for Gulf to Bay Corridor Enhancement Project - Overpass Artwork to aRC, Inc., for
$60,901 (PWI
ACTION: Denied.
43. Res. #00-03 - naming city property located at 205 Windward Passage as "Sunset Sam Park on
Island Estates" (PRI
ACTION: Approved. Resolution adopted.
44. Res. #00-08 - authorizing & directing condemnation of property needed for Town Pond project
(PW)
ACTION: Approved. Resolution adopted.
45. Community Development Board - 1 appointment (elK)
ACTION: Reppointed Carlen Petersen.
46. Other Pending Matters
Letter of Intent to Prepare Memorandum of Agreement/JMC Communities Clearwater beach project
ACTION: Approved staff work with PPC toward resolution of density transfers and conveyances,
Transfers of Development Rights rules, and review/reconciliation of Code with Countywide rules.
2/3/00
4
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CITY ATTORNEY REPORTS
47. Res. #00-07 - Demolition Lien - 1022 N. Missouri Ave., Springfield Subdivision No.2, Blk 2, lot
7 (WSF Revocable Trust dated 8/6/90)
ACTION: Approved. Resolution adopted.
48. Other City Attorney Items
City Attorney said difficulties re permitting bus shelters related to Eller Media settlement are
resolved. Removal of last 7 billboards to begin 2/14/00. Code Enforcement taking action re illegal OSI
bi IIboards.
49. City Manager Verbal Reports - None.
50. Other Commission Action
Commission members offered their condolences to Carolyn Brink on the passing of her father.
Clark expressed dismay re Mandalay Beach Club developer mailing promotional information
before development agreement was approved.
Clark invited residents to attend Charlie Daniels Concert at Coachman Park on 2/6 at 1 :00 p.m. &
a concert next month featuring 60s/70s bands.
Clark congratulated downtown for success of last weekend's concert at Station Square Park and
invited people to attend the next concert on 2/25.
Hooper invited public participation at downtown redevelopment presentations 2/8 at 12:00 noon
Commission members congratulated Mark Smyth for being named Firefighter of the Year.
Johnson requested information regarding aviation festival. Staff to report.
Hart said FEMA's proposed realignment of the CCCL could be devastating to the community. He
recommended motivating citizens to oppose this change. A presentation is planned.
Hart requested permission to work with the City Manager re development of interactive web site.
Consensus was to approve exploration.
Aunqst thanked John Morroni for hosting a dinner for Public Safety workers, where several staff
members were honored.
Aunqst congratulated the Mt. Olive Church AME for its recognition in the National Registry of
Historic Places.
Aunqst welcomed exchange students visiting from Nagano, Japan.
Aunqst said he had attended last week's lawnbowl Tournament, which raised funds for CHIP.
Aunqst said attendees at this morning's shuffleboard tournament offered many compliments to
Parks & Recreation staff
51. Adjournment - 7 :43 p.m.
2/3/00
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CITY OF CLEARWATER
Interdepartmental Correspondence
TO:
FROM:
Mayor and Commissioners
Cynthia E. Goudeau, City Clerk@
SUBJECT:
Follow up from January 31,2000 Work Session
COPIES:
Michael J. Roberto, City Manager
DATE:
February 1,2000
In response to questions raised at the January 31, 2000, Work Session, the following is
provided:
Item #44 - Res. #00-08 - authorizing and directing condemnation of property needed for
Town Pond Project - The current assessed value (1999) of the property at 924 Pierce Street is
$135,200. An appraisal dated August 28, 1998, performed by Appraisal Associates of Tampa Bay,
Inc. valued the fee simple interest of the property at $90,000. The following provides additional
background and information:
July 29. 1998 - The owner and family sent a letter offering to sell the property to the City for
$1,000,000.
August 5. 1999 - A Letter of Intent offered to purchase the property for $187,000 "as is", plus
closing costs, plus free rent after closing for a term to be negotiated, plus reasonable attorney fees.
The attorney for the owners provided written response that the proposal was not acceptable.
October 26. 1999 - A letter was sent to the attorney proposing the City pay the cost of an
appraisal obtained by the client, subject to stated conditions. The attorney provided written
response that the owners did not desire to have an appraisal performed under the requirements set
forth.
January 10. 2000 - Documents were sent to the Trustee of the property notifying of the City's
intent to acquire the property. A written Purchase Agreement offers to purchase the property for
a total of $248,250 ($245,000 plus estimated closing costs of $3,250).
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Clearwater City Commission
Agenda Cover Memorandum
Worksession Item #:
Rnal Agenda Item #-
Meeting Date:
R
Feb 3, 2000
SUBJ ECT IRECOMMENDA TION:
Annexation, Land Use Plan and Rezoning amendment for property at 3150 McMullen Booth Road
(MB 23/10); Owner: Robert and Nancy Hurst.
~
MOTION: APPROVE the annexation of 31S0 McMullen Booth Road (MB 23/10), APPROVE a Land
Use Plan Amendment from Residential Suburban (RS) to Residential/Office Limited (R/Ol), and
APPROVE a Zoning Atlas Amendment from County Zoning Agriculture/Estate (AlE) to Office (0), for
31S0 McMullen Booth Road (MB 23/10) and PASS ordinances 6488-00, 6489-00 and 6490-00 on
first reading (LUZ99-10-0S).
o and that the appropriate officials be authorized to execute same,
SUMMARY:
· The application proposes to annex a single-family house and redevelop it for office use. The
proposed office use requires a plan amendment from Residential Suburban to Residential/Office
Limited and a rezoning from Agriculture/Estate to Office.
· The proposed annexation and proposed use are consistent with both the City's Comprehensive
Plan and the Countywide Plan both with regard to the Future Land Use Map as well as goals
and policies. The proposed annexation is consistent with Florida law regarding municipal
annexation through its adjacency with existing City boundaries and is compact in concentration.
· This site can be served by all City of Clearwater services, including utilities, police, fire and
emergency medical services without any adverse effect on the service level.
· The proposed land use amendment and rezoning is consistent with the Clearwater
Comprehensive Plan Future land Use Objective 2,S which states that compact urban
development within the urban service area shall be promoted through application of the
Clearwater Land Development Code; and policy 2,5.1 which states the development or
redevelopment of small parcels [less than (1) acre] which are currently receiving an adequate
· level-of-Service shall be specifically encouraged by administration of land development and
concurrency management regulatory systems as a method of promoting urban infil\.
Reviewed b 4
Legal 'L-
Budget N/A
Purchasing N/A
Risk Mgmt N/A
Info SVc
Public Works
DCM/ACM
Other
N/A
N/A
Originating Dept.:
Planning and Develop. Admin.
User Dept.:
Planning
Attachments:
Costs
Total
Current FY
Funding Source:
CI
OP
Othe
r
o k'di nances
&.Ibmltted by:
City Manager
o None
A ro riation Code:
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Agenda Cover Memorandum
Summary Sheet
LUZ99-1 0-05
Page 2
· The proposed amendment is consistent with the Countywide Plan and the purpose and locational
characteristics of the Residential/Office Limited category which identifies this use as depicting
those areas of the County that are now developed, or appropriate to be developed, in a office
and/or low density residential use; and to recognize such areas as well-suited for such limited
mixed use consistent with the surrounding uses, transportation facilities and natural resource
characteristics of such areas.
· The Community Development Board met at their scheduled public hearing meeting on December
14, 1999 after which they unanimously recommended APPROVAL of the annexation, plan
amendment and rezoning to the City Commission.
· The land use plan amendment and rezoning are subject to the approval of the Pinellas Planning
Council and Board of County Commissioners acting as the County Planning Authority.
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ORDINANCE NO. 6488..QO i,
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, <? 0.. -',
ANNEXING CERTAIN REAL PROPERTY LOCATED GENERALLY: ~<~~~
ON THE WEST SIDE OF MCMULLEN BOOTH ROAD BElWE ~ ''/ ~~~.., /
STATE ROAD 580 AND CURLEW ROAD, CONSISTING OF ~ ~V
EAST 300 FEET OF THE NORTH 100 FEET OF THE ,/; ~ '> ~~"
ONE QUARTER OF THE SOUTHWEST QUARTER f.<:~,:~J ,~~' _
NORTHWEST QUARTER OF SECTION 21, TO '\. ~'vO ",<'>'
SOUTH, RANGE 16 EAST, LESS ANY ABUlTl ~ <:st c5v~,<,~/'
WAY, WHOSE POST OFFICE ADDRESS IS 315 0~ ~"'v<V/
BOOTH ROAD, INTO THE CORPORATE LIMITS OF ~~~ ~& (j
AND REDEFINING THE BOUNDARY LINES OF THE S ~
INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DA. C( 0
WHEREAS, the owner of the real property described herein and depicte on e map
attached hereto as Exhibit A has petitioned the City of Clear\vater to annex the property into the
City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable
requirements of Florida law in connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
The east 300 feet of the north 100 feet of the south one-quarter of the southwest
quarter of the northwest quarter of Section 21, Township 28 South, Range 16 East,
less any abutting right-of-way, Pinellas County, Florida.
(ANX 99-10-20)
Section 2. The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan. The City Commission hereby accepts the
dedication of all easements, parks, rights-of-way and other dedications to the public which have
heretofore been made by plat, deed or user within the annexed property. The City Engineer, the
City Clerk and the Planning and Development SelVices Administrator are directed to include and
show the property described herein upon the official maps and records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk
shalf file certified copies of this ordinance, including the map attached hereto, with the Clerk of the
Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after
adoption, and shall file a certified copy with the Florida Department of State within 30 days after
adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Attest:
Leslie K. Dougal -SI
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 6488-00
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:OINANCE NO. 6489-00
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AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE
FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF
THE CITY, TO DESIGNATE THE LA.ND USE FOR CERTAIN REAL PROPERTY
LOCATED GENERALLY ON THE WEST SIDE OF MCMULLEN BOOTH ROAD
BElWEEN STATE ROAD 580 AND CURLEW ROAD, CONSISTING OF THE
EAST 300 FEET OF THE NORTH 100 FEET OF THE SOUTH ONE QUARTER
OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 21, TOWNSHIP 28 SOUTH, RANGE 16 EAST WHOSE POST
OFFICE ADDRESS IS 3150 MCMULLEN BOOTH ROAD, UPON ANNEXATION
INTO THE CITY OF CLEARWATER, AS RESIDENTIAUOFFICE LIMITED;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as
set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's
comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The Mure land use plan element of the comprehensive plan of the City of Clearwater is
amended by designating the land use category for the hereinafter described property, upon annexation into the
City of Clearwater, as follows:
Property Land Use CateQory
The east 300 feet of the north 100 feet of the south ResidentiaVOffice Limited
One-quarter of the southwest quarter of the northwest
Quarter of Section 21, Township 28 south, Range 16 east,
Pinellas County, Florida.
(ANX 99-10-20)
Section 2. The City Commission does hereby certify that this ordinance is consistent with the City's
comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to
the adoption of Ordinance No. 6488-00 subject to the approval of the land use designation by the
Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as
appropriate, of compliance with the applicable requirements of the local Government Comprehensive
Planning and land Development Regulation Act, pursuant to 9 163,3189, Florida Statutes.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Ordinance No, 6489-00
Brian J. Aungst
Mayor-Commissioner
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
ORDINANCE NO. 6490-00
~-r:d ~
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED GENERALLY ON THE
WEST SIDE OF MCMULLEN BOOTH ROAD BETWEEN STATE
ROAD 580 AND CURLEW ROAD, CONSISTING OF THE EAST
300 FEET OF THE NORTH 100 FEET OF THE SOUTH ONE
QUARTER OF THE SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 21, TOWNSHIP 28
SOUTH, RANGE 16 EAST WHOSE POST OFFICE ADDRESS IS
3150 MCMULLEN BOOTH ROAD, UPON ANNEXATION INTO
THE CITY OF CLEARWATER, AS OFFICE (0); PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this ordinance
is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive
plan; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is hereby
zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is
amended, as follows:
Property
The east 300 feet of the north 100 feet of the south
One-quarter of the southwest quarter of the northwest
Quarter of Section 21, Township 28 south, Range 16 east,
Pine lias County, Florida.
(ANX -99-10-20)
ZoninQ District
Office (0)
Section 2. The Planning and Development Services Administrator is directed to revise the
zoning atlas of the City in accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 6488-00.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Ordinance No. 6490-00
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Leslie K. Dougall-Side
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
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a..EARWA 1ER
PROPOSED ANNEXATION AND ZONING CLASSIFICATION
ANX: 99-10-20
PROPERTY DESC:RIPTION:
3150 tvicMull en Booth Rood
1-.1 & 8 23 / 10
PROPERTY SIZE ACRES: I..'
Iltkt-"-w,,: ACRES:
SIC: 21 T1'P: 285 RANGE: 16E
OWNER: Robert & Nancy Hurst
3150 McMullen Booth Road
Clearwater, FI.
f:ROM:
TO:
LAND USE PLAN
RS
R/OL
ZONING
County I AE
Office
ATLAS PAGI:190A
CITY COMMISSION: muory 20,2000
File No. A99-20.dwg
Prepared by: EA- Public Works Administration
Ordinance No. 6490-00
COMMlJNITY DEVELOPMENT IOAID: December 14, 1999
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ORDINANCE NO. 6470-00
q
AN ORDINANCE OF THE CllY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED
APPROXIMATELY 410 FEET EAST OF KING'S HIGHWAY AND
110 FEET SOUTH OF WILSON ROAD, CONSISTING OF LOT 6,
SUNSET HIGHLANDS UNIT 2, SECTION 2 TOWNSHIP 29
SOUTH RANGE 15 EAST, WHOSE POST OFFICE ADDRESS IS
1432 SUNSET POINT ROAD, CLEARWATER, FLORIDA 33755
INTO THE CORPORATE LIMITS OF THE CITY, AND
REDEFINING THE BOUNDARY LINES OF THE CITY TO
INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owner of the real property described herein and depicted on the map
attached hereto as Exhibit "A" has petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable
requirements of Florida law in connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
Lot 6, SUNSET HIGHLANDS UNIT 2, according to the Plat thereof as recorded in Plat
Book 41, Pages 70 and 71, Public Records of Pinellas County I Florida.
(ANX 99-10-18)
Section 2. The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan. The City Commission hereby accepts the
dedication of all easements, parks, rights-of-way and other dedications to the public, which have
heretofore been made by plat, deed or user within the annexed property. The City Engineer, the
City Clerk and the Planning and Development Services Administrator are directed to include and
show the property described herein upon the official maps and records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk
shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the
Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after
adoption, and shall file a certified copy with the Florida Department of State within 30 days after
adoption.
PASSED ON FIRST READING
December 9, 1999
PASSED ON SECOND AND FINAL.
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Attest:
Leslie K. Dougall-Siees
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 6470-00
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PROPOSED ANNEXATION AND ZONING CLASSIFICATION
o WNEJl:
Booker T. Colson &
Hong-Sun Colson
1432 Sunset Point Road
ANX: 99-10-18
PROPERTY DESCRIPTION:
Lot 6, Sunset Highlands Unit 2
fROM:
TO:
LAND USE PLAN
Residential Urban
Residential Urban
ZONING
R-3
LMDR
PROPEITY SIZE ACIIS:
Illkt-d-..,:
SIC: TWP: 29S
1.%1
ATLAS PAGE:252A
ACRES: 2
IANGE: 15E
COMMUNITY DEVELOPMENT IOARD: No~bef 16, 1999 CITY COMMISSION: OecMlber 9. 1999
File No. A99-19.DWG
Prepared by: EA- Public Works Administration
Ordinance No. 6470-00
Exhibit "A"
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ORDINANCE NO. 6471-00
10
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE
LAND USE FOR CERTAIN REAL PROPERTY LOCATED
APPROXIMATELY 410 FEET EAST OF KING'S HIGHWAY AND
110 FEET SOUTH OF WILSON ROAD, CONSISTING OF LOT 6,
SUNSET HIGHLANDS UNIT 2, SECTION 2 TOWNSHIP 29
SOUTH, RANGE 15 EAST, WHOSE POST OFFICE ADDRESS IS
1432 SUNSET POINT ROAD, CLEARWATER, FLORIDA 33755,
UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS
RESIDENTIAL URBAN; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use -plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter-described
property, upon annexation into the City of Clearwater, as follows:
Property
Lot 6, Sunset Highlands Unit 2, according to the Plat
Thereof as recorded in Plat Book 41, Pages 70 and 71,
Public Records of Pinellas County, Florida.
(ANX 99-10-18)
Land Use CateQorv
Residential Urban
Section 2. The City Commission does hereby certify that this ordinance is consistent
with the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 6470-00, subject to the approval of the land use
designation by the Pinellas County Board of County Commissioners, and subject to a
determination by the State of Florida, as appropriate, of compliance with the applicable
requirements of the Local Government Comprehensive Planning and Land Development
Regulation Act, pursuant to 9 163.3189, Florida Statutes.
PASSED ON FIRST READING
December 9, 1999
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
I ~
. -'-" ~'
,. ' , _ ;7
:t-tl'<CL .y. i - ~,
Leslie K. Dougall-Sides
Assistant City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No, 6471-00
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PROPOSED ANNEXATION AND ZONING CLASSIFICA TION
OWNElt: Booker T. Colson &
Hong-Sun Colson
1432 Sunset Point Rood
ANX: Q9-10-18
PROPERTY DESCRIPTION:
Lot 6, Sunset Highlands Unit 2
I'ltOM:
TO:
LAND 1181 PLAN
Residentiol Urban
Residential Urban
P 10PIIIY SIZE ACIIS: 1.21
llllt-,'-..,: ACRES: 2
SIC: TlIP: 295 tANGI: 15E
ZONIN~
R-3
LMDR
ATLAS PAGI:252A
COMMUNITY DIVILOPMINT 10AID: November 16. 1999 CITY COMMISSION: December 9. 1999
File No. A99-19.DWG
Prepared by. EA- Public Wor1<s Administration
Ordinance No. 6471-00
\ ()
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ORDINANCE NO. 6472-00
, ,
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED APPROXIMATELY 410
FEET EAST OF KING'S HIGHWAY AND 110 FEET SOUTH OF
WILSON ROAD, CONSISTING OF LOT 6, SUNSET HIGHLANDS
UNIT 2, SECTION 2, TOWNSHIP 29 SOUTH, RANGE 15 EAST,
WHOSE POST OFFICE ADDRESS IS 1432 SUNSET POINT
ROAD, CLEARWATER, FLORIDA 33755, UPON ANNEXATION
INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY
RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this ordinance
is found to be reasonable, proper and appropriate, and is con.sistent with the City's comprehensive
plan; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is hereby
zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is
amended, as follows:
Property
Lot 6, Sunset Highlands Unit 2, according
To the Plat thereof as recorded in Plat
Book 41, Pages 70 and 71, Public Records
Of Pinellas County, Florida.
(ANX 99-10-18)
Zoninq District
Low Medium Density Residential (LMDR)
Section 2. The Planning and Development Services Administrator is directed to revise the
zoning atlas of the City in accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 6470-00.
PASSED ON FIRST READING
December 9, 1999
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Leslie K. Dougall-Sid s
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 6472-00
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PROPOSED ANNEXA TION AND ZONING CLASSIFICA TION
OWNEa.: Booker T. Colson & ANX: 9~-10-18
Hong-Sun Colson PROPER)'Y DESCRIPTION:
1432 Sunset Point Road Lot 6. Sunset Highlands Unit 2
LAND USI PLAN ZONIN~
FROM: Residen tial Urban R-3 PIOPIITY SIZI AeIIS: '.21
TO: Residen tial Urban LMOR Il.lt-,f-..,: ACJlES: 2
ATLAS P AGE:252A SIC: TWP: 295 IAKGI: 15E
COMMUNITY DIVILOPMINT IOAaD: No'teTlber 16. 1999 CITY COMMISSION: December 9. 1999
File No. A99- 1 9.DWG
Prepared by. EA- Public Works Administration
Ordinance NO. 6472-00
1 {
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ORDINANCE NO. 6473-00
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING
CERTAIN REAL PROPERTY LOCATED APPROXIMATELY 340 FEET
EAST OF BAYVIEW ROAD AND 700 FEET WEST OF MCMULLEN
BOOTH ROAD, CONSISTING OF THE WEST 106 FEET OF THE EAST
306 FEET OF THE SOUTH 90 FEET OF THE SOUTH ONE-HALF OF THE
SOUTHWEST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER
OF THE NORTHWEST ONE-QUARTER OF SECTION 16 TOWNSHIP 29
SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 13
SOUTH MEADOW LARK LANE, INTO THE CORPORATE LIMITS OF THE
CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO
INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE.
\d.-
WHEREAS, the owner of the real property described herein and depicted on the map attached
hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to
Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law
in connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of Clearwater and the
boundary lines of the City are redefined accordingly:
The west 106 feet of the east 306 feet of the south 90 feet of the south one-half of the
southwest one-quarter of the northwest one-quarter of the northwest one-quarter of Section
16. Township 29 south, Range 16 east, less and except existing road right of way. (ANX
99-10-19)
Section 2. The provisions of this ordinance are found and determined to be consistent with the
City of Clearwater Comprehensive Plan. The City Commission hereby accepts the dedication of all
easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by
plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning and
Development Services Administrator are directed to include and show the property described herein upon
the official maps and records of the City.
Section 3. This ordinance shall take effect immed,iately upon adoption. The City Clerk shall file
certified copies of this ordinance. including the map attached hereto, with the Clerk of the Circuit Court and
with the County Administrator of Pinellas County, Florida. within 7 days after adoption, and shall file a
certified copy with the Florida Department of State within 30 days after adoption.
PASSED ON FIRST READING
December 9, 1999
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. .A.ungst
Mayor-Commissioner
Approved as to form:
~
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No. 6473-00
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PROPOSED ANNEXATION AND ZONING CLASSIFICATION
TA YlOR G. BINGHAM III
13 S. MEADOW LARK LANE
CLEARWATER, FL.
LAND USE PLAN
RESIDENTIAL URBAN
RESIDENTIAL URBAN
OWNEJl:
ANX: 99-10-19
PROPERTY DESCRIPTION:
M & B 22/04 in SECTION 16-29S-16E
ZONINY.
R-3
L~DR
F:ROM:
TO:
1.11
PIOPIITY SIZI ActlS:
IJlkt-tl-1I11: N/ A
SIC: 16 TWP: 295
ACllES: N / A
IANGE: 16E
ATLAS PAGE:292A
COMMUNITY DEVELOPMENT IOAID: NOOVOlEER 16,1999 CITY COMMISSION: C{CElI8ER 9. 1999
File No. A99-19
Preoored by, EA- Public 'Norks Administration
Ordinance No. 6473-00
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ORDINANCE NO. 6474-00
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AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA, AMENDING THE
FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF
THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY
LOCATED APPROXIMATELY 340 FEET EAST OF BAYVIEW ROAD AND 700
FEET WEST OF MCMULLEN BOOTH ROAD, CONSISTING OF THE WEST 106
FEET OF THE EAST 306 FEET OF THE SOUTH 90 FEET OF THE SOUTH
ONE-HALF OF THE SOUTHWEST ONE-QUARTER OF THE NORTHWEST
ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SECTION 16
TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS
IS 13 SOUTH MEADOW LARK LANE, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS RESIDENTIAL URBAN PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as
set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's
comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is
amended by designating the land use category for the hereinafter described property, upon annexation into the
City of Clearwater, as follows:
Propel1y
The west 106 feet of the east 306 feet of the south
90 feet of the south one-half of the southwest
one-quarter of the northwest one-quarter of the
northwest one-quarter of section 16 township 29
south, range 16 east, less and except existing
road right of way.
(ANX 99-10-19)
Land Use Category
Residential Urban
Section 2. The City Commission does hereby certify that this ordinance is consistent with the City's
comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to
the adoption of Ordinance No. 6473-00, subject to the approval of the land use designation by the
Pine lias County Board of County Commissioners, and subject to a determination by the State of Florida, as
appropriate, of compliance with the applicable requirements of the Local Government Comprehensive
Planning and Land Development Regulation Act, pursuant to S 163.3189, Florida Statutes.
PASSED ON FIRST READING
December 9, 1999
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Attest:
,
Cynthia E. Goudeau
City Clerk
Ordinance No. 6474-00
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PROPOSED ANNEXATION AND ZONING CLASSIFICATION
OWNEll:
TAYLOR G. BINGHAM III
13 S. MEADOW LARK LANE
CLEARWA TER. FL.
LAND USE PLAN
RESiOENllAL URBAN
RESIDENTIAL URBAN
FllOM:
TO:
ZONING
R-3
LMOR
ATLAS PAGE:292A
ANX: 99-10-19
PllOPEi.TY DESCRIPTION:
M & B 22/04 in SECTION 16-29S-16E
PIOPIITY SIZI AC1ES:
Ijzkt-If-..,: N' / A
SIC: 16 TWP: 295
8.21
ACRES: N/A
tANGl: 16E
COMMUNITY DEVELOPMENT IOAID:NOO\1).iSER 16, 1999 CITY COMMISSION: OC<DBER 9. 1m
File No. A99-19
Preoared by: [A- Public Works Administration
Ordinance No. 6474-00
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ORDINANCE NO. 6475-00
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AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED APPROXIMATELY 340
FEET EAST OF BAYVIEW ROAD AND 700 FEET WEST OF
MCMULLEN BOOTH ROAD, CONSISTING OF THE WEST 106
FEET OF THE EAST 306 FEET OF THE SOUTH 90 FEET OF
THE SOUTH ONE-HALF OF THE SOUTHWEST ONE-QUARTER
OF THE NORTHWEST ONE-QUARTER OF THE NORTHWEST
ONE-QUARTER OF SECTION 16 TOWNSHIP 29 SOUTH,
RANGE 16 EAST. WHOSE POST OFFICE ADDRESS IS 13
SOUTH MEADOW LARK LANE. UPON ANNEXATION INTO THE
CITY OF CLEARWATER, AS LOW MEDIUM DENSITY
RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this ordinance
is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive
plan; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER. FLORIDA:
Section 1. The following described property lacated in Pinellas County, Florida, is hereby
zoned as indicated upon annexation into the City of ClealWater. and the zoning atlas of the City is
amended, as follows:
Property
the west 106 feet of the east 306 feet of
the south 90 feet of the south one-half of
the southwest one-quarter of the northwest
one-quarter of the northwest one-quarter of
section 16 township 29 south, range 16 east,
less and except existing road right of way.
(ANX 99-10-19)
Zoninq District
Low Medium Density Residential (LMDR)
Section 2. The Planning and Development Services Administrator is directed to revise the
zoning atlas of the City in accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No.6473-00.
PASSED ON FIRST READING
December 9~ 1999
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Attest:
, r:
Leslie K. Dougall-Sid
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 6475-00
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PROPOSED ANNEX4~TION AND ZONING CLASSIFICATION
TAYlOR G. BINGHAM !II
1 J S. MEADOW LARK LANE
CLEARWA TER, FL.
LAND USE PLAN
RESIDENTIAL URBAN
RESIDENTIAL URBAN
OWNEll:
ANX: 99-10-19
PllOPEJ1TY DESCRIPTION:
M & 8 22/04 in SECTION 16 - 29S-16E
ZONING
R-3
LMDR
FKOM:
TO:
PIOPliTY SIZI ACilS:
IJIU.of...y: HI A
SEC: 16 TWP: 29S
8.22
ACAES: N/A
IANG!: 16E
ATLAS PAG!:292A
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COMMUNITY DEVELOPMENT ROAlD: NOOvo.mER 16, 1999 CITY COMMISSION: C{(8jBER 9, 1m
File No. A99-1g
Preoared by, EA- Public Works Administration
Ordinance No. 6475-00
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ORDINANCE NO. 6477-00
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AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO THE SALE OF CITY OWNED SURPLUS REAL
PROPERTY; REPEALING SECTION 2.665, CODE OF ORDINANCES,
SALE OF SURPLUS REAL PROPERTY (USE RESTRICTION; RIGHT
OF REVERTER.); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the use restriction and right of reverter relating to the sale of City owned
surplus real property is unreasonably restrictive and impairs the ability to achieve City objectives
and should be repealed.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 2.665, Code of Ordinances, is hereby repealed in its entirety:
Sec. 2.665. Use restriction; right of reverter.
Whenever real property owned by the city and located within the city limits is sold, the
deed shall contain a use restriction, with a right of reverter to the city, providing in effect that the
grantee and all successors in title and interest to the grantee shall use the property for a
purpose or purposes for which ad valorem property tax exemption shall not be available or for
which ad valorem property tax exemptions shall not be applied for or granted, and that an
application for an ad valorem property tax exemption to the property appraiser of Pinellas
County shall cause the title to revert to the City of Clearwater automatically as of the date the
application is filed regardless of whether the application is ultimately granted or denied. The
restriction shall contain a covenant that each subsequent deed or other instrument of
conveyance shall contain the same restriction, with reverter to the city and not to any
intervening owner of the property. As an exception to the foregoing, real property of the city
may be sold to another governmental agency if a use restriction as described herein and right
of reverted to the city is imposed upon subsequent owners of the property by the deed from the
city.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
December 9, 1999
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
~/c
arassas
Assistant City Attorney
Attest:
~
Cynthia E. Goudeau
City Clerk
Ordinance No. 6477-00
;) y\JR .
ORDINANCE NO. 6478-00
,~
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING THE 50-FOOT RIGHT-OF-WAY OF
NORTH GULFVIEW BOULEVARD LYING NORTH OF
PAPAYA STREET A1K1A PALM STREET AND SOUTH OF
SAN MARCO STREET A/KJA MANGROVE STREET;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Mandalay Beach Club, LTD., a Florida limited partnership, owner of
real property located in the City of Clearwater, has requested that the City vacate the
right-of-way depicted in Exhibit A attached hereto; and
VVHEREAS, the City Commission finds that said right-af-way is not necessary for
municipal use and it is deemed to be to the best interest of the City and the general public
that the same be vacated; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The following:
50-foot right-of-way of North Gulfview Boulevard lying north of Papaya Street alkla
Palm Street and south of San Marco Street alkla Mangrove Street is hereby
vacated, closed and released, and the City of Clearwater releases all of its right.
title and interest thereto.
Section 2. The City Clerk shall record this ordinance in the public records of
Pinellas County, Florida. following adoption.
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
January 20, 2000
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
J~g -<
Assistant City Attorney
Cynthia E. Goudeau
City Clerl<
Ordinance No. 6478-00
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THIS IS NOT A SURVEY
NAME: Mazur
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Dote: 11/15/99
Ordinance 6478-00
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7vfr. David Healy, Executive Director
Pinellas County Planning Council
600 Cleveland Street
Suite 850
Cleanvater, Florida 33755
Dear David,
[ am responding to your correspondence dated January 26, 2000 to ~Iichael Roberto
regarding the recently approved condominium project on Clearv;ater Beach west of
~tandalay between San Marco Street and Papaya Street. This project is a proposed one
hundred fifty-seven unit residential condominium project to be constructed in two towers
approximately one hundred fifty feet high,
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"-
The project is a key element in an overall development strategy for the redevelopment of
the Tourist District area of Clearwater Beach. The particular property was identified as
an important location for property consolidation and redevelopment in the Strategic
De\'e1opment Plan for Clean\'ater Beach and in an analysis of the redevelopment need
conducted by the finn of Siemon. Larson and \-larsh. The project. as is common in mar::-
major redevelopment initiatives. is a complicated one that has involved four appro\'al
components, including site plan approval. transfer of development rights appro\'al (nine
units of the one hundred and tifty-seven), vacation of an interyening street and a
de\'elopment agreement that defines the public improvements and obligations on the part
of the city. The site plan approval. development agreement and the transfer of
development rights approvals have been approved after public hearings before the
Community Development Board and City Commission and require no other action by the
Board or the City Commission.
Your letter requested infomlation regarding the site plan and transfer of development
rights approval related to the project, specifically in regard to consistency with the
County".-ide Plan and Rules. As you recall, the City recently (January 1999) adopted and
new Community Development Code that is a non traditional approach based on the
recognition that Clearwater is a "built-out" community and that the tools required to
successfully achieve redevelopment in a built-out em'ironment are signi ficantly di fferent
than those used for traditional subdi\'ision Jc\'elopmcnt. In advance of the adoption of
this new code the city spent approximately on~ year and oyer one hundred public
meetings soliciting and explaining the ne\v code. The City of Clearwater also recognized
Iy
I . You have correctly recalled that discussions that we had \-\lith the Planning Council
staff regarding consistency issues. The issues that you referenced were incorporated
into the new code prior to adoption and transmitted to the Planning Council after
adoption. By way of example each district includes the density and intensity matrix
that we discussed that matches the countywide rules for the corresponding land use
category. \Ve also included the requested changes to the transfer of development
rights section of the new code. 1 have attached a copy of the code for your review
and am available to review any of the issues we had previously discussed.
that the code required review by your office regarding consistency with the Countywide
Plan. This review occurred prior to the adoption of the new code, and as your letter
indicated, included a number of recommendations requested by your staff which were
incorporated into the code prior to adoption. [t is important to recall that there was
considerable discussion about many of the non traditional components of the code, which
were established to deal with redevelopment conditions. ~1any of these did not, and still
do not, match up well with the count)"vide rules. Hov. e\'er, the key to the use of these
tools \\'ere specific criteria and circumstances that, in practice, functioned as a form of
relief from the standard requirements of the code, which match up with the countywide
rules relatively closely. You may recall, we discussed the circumstance that Clearwater
would no longer include variances as a component of the code, but a number of options
existed to grant relief. We discussed the potential frequency of the use of these options
and felt that these would be the exception rather than the rule. Our experience \-vith the
new code has supported that assumption. Since adoption of the new code, over one
thousand site plans have been subject to the new code. Of this number only
approximately one hundred have received staff level relief and of this number only an
additional approximately thirty have received relief from the Community Development
Board. Of those receiving relief, many dealt with small single family residential
standards. I believe it is important to recount this background because in each case where
relief was granted there were no countywide impacts and the relief was related to specific
site circumstances and/or critical properties and projects that would have the effect of
stabilizing and improving surrounding properties.
In regard to your specific questions I am providing the following:
2. The development rights that have been transferred to the City from the Sand Key site
have not been approved for placement anywhere in the city. These rights are not a
component of the site plan or TDR approval on the Clearwater Beach site. These
units are compensation for property rights that the city transferred from another site.
3, The transfer of de\'clopmcnt rights that were appro\'cd for the Clearwater Beach
project were generated from a city owned property \\"ithin four hundred feet of the
Ie
project site. The city's Community Development Code only allows transfer of
development rights within one mile from the "sender" site. The property that
generated these units is a city owned parking lot. The use of parking lots in the city
does not absorb the othel"\\ ise avai lable development potential of a particular
property_ For example. parking lots constructed on any residential or commercial site
in the city do not lose the development potential of the area where the lots are
constructed. Also, a free standing parking lot. where pennitted, may at some future
date propose additional density or intensity of development on the parking lot
property, even when the entire parking lot is retained, assuming that all site plan
related requirements are complied with. In other words. parking lots are considered
an ancillary use in the same manner as drainage areas, setbacks, landscaping, etc. and
do not have the effect of eliminating development potential from the area where
constructed. As indicated in the preceding response, neither this parcel or the Sand
Key parcel were used to create a transition point or conduit for the transfer of
development rights_ The number of development rights that were transferred were
nine units, which in addition to the one hundred forty-eight which are available on the
project site, create a total of one hundred fifty-seven. The development potential for
residential use in the Tourist District is thirty units per acre. Based on the site size of
the sender property, the proportional number of units available for transfer using the
new code was nine units.
4. Th~ totJI dc\'('!ormcnt potential of the project site is a combinJtion of three sources.
\ p"rtl"ll )1' 'I'" pr"'l' -, 'I" '" "J'- ,'; : .'- "'\ " ,..... '(') .. ,.,..",,' . J
.1. v v \...i ~ l\... VJ\.:\....L ~ L\.... \,~~:. ... \....J....li."4'-. . ~~ ::'~.'-.l\":\.. ll. ~ \"'l~;".'.. ..:t t ..l".,;
settlement agreement which provides eighty-seven units to that area. The land area
east of Gult;'-iew and the vacated portion of Gulf"iew provide a total of sixty-one
units based on thirty units an acre over a land area of 1.03 acres. Finally, the transfer
of density of nine units provided the remaining number of units. The total of these
three equals one hundred fi fty-seven units. The combination of the settlement
agreement and the transfer of development rights create an average density that is
greater than the countywide standard. However, the city's new development code
allov,,-s relief from the standards in two ways, both of which have been uti lized in the
subject project. The first is through the Comprehensive Infill Redevelopment Project
use that is allo\',:ed in the Tourist District as a use option in the "Flexible
Development" category_ This use option specifically allows relief from all
development standards subject to compliance \vith ten criteria that are oriented
toward redevelopment that improves the specific and general condition of the area
where proposed. The second is through the transfer of development rights process.
In the new code these rights are limited in geographic arc:a to one mile of the sender
location. By detinition. these rlghts if available. exist in a nalTow area which has the
effect of absorbing de\'elopment potential in the same general area where it is
generated. The potential rights that are a\-ailable are the difference between what has
been utilized and what has been developed. I believe this is consistent with recent
state legislation that focuses on basic property rights and how they can be limited
through local development regulation.
5. Finally. the legal instruments and transfer of development rights recording requires,
among other criteria. evidence of special warranty deed conveying the development
right and a statement that the deed of transfer will be recorded. The code also states
that the city shall keep a record of such transfers and report them annually to the City
Commission and the Pinellas Planning Council.
In summary. the project approvals that have been required by the new community
development code have been met. Public hearings were conducted for the site plan,
transfer of development rights. development agreement and the vacation of Gulfview.
All approvals except for the vacation of the street have been concluded. The city's code
is not a traditional one and does not match up well with some of the countywide rules.
However. the frequency of relief allowed by the new code is very limited and requires
compliance with specific criteria that relate to difficult redevelopment situations. The
relief granted through the Comprehensive Infill use option and the transfer of
development rights \vas discussed prior to the new code being found consistent \....ith the
countywide rules. The specific property has been the subject of two studies that identify
this location as a key one for the success of Clearwater Beach, particular in the northern
area 0 f the Tourist zoning district. Finally. from a practical perspective. the proposed
project has no countywide impact as both th~ transt'e;- ot' de'. elopmcl1t rights and the
density relief are minimal given the context of the overall project.
I hope that this provides information that explains how the project meets the local code
requirements and the context and consistency of the local code \vith the county",vide
frame\vork. Please do not hesitate to contact me if you have questions.
Sincerely.
!)4f1t ~
Ralph Stone. Planning Director
Cc: ~-tichJel Roberto. City ~tanager
Pam Akin. City Attorney
Charlie Siemon. Esquire (Consulting Attomey for the City)
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~nd~
)1
ORDINANCE NO. 6479-00
AN ORDINANCE GRANTING TO KMC TELECOM III, INC. ("KMC" OR
"GRANTEE"), THE PERMISSION TO OCCUPY MUNICIPAL STREETS AND
RIGHTS-OF-WAY IN THE CITY OF CLEARWATER, FLORIDA
("GRANTOR"), AS A MEANS OF PROVIDING TELECOMMUNICATION
SERVICE; PRESCRIBING THE TERMS AND CONDITIONS ACCOMPANYING
THE GRANT OF FRANCHISE; PROVIDING FOR SEVERABILITY OF
PROVISIONS; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
SECTION 1. Findings.
(A) The Grantor deems it necessary, desirable and in the interest of the health, safety and
welfare of its citizens to establish by ordinance a Franchise granting the permission to Grantee to
occupy Rights-of-Way in the City of Clearwater, Florida, as a means of providing
Telecommunications Services.
(B) The Grantee is willing to place and maintain its Telecommunications Facilities within the
. City under a franchise from Grantor, pursuant to Fla. Stat. ~ 362.01 (1998), Fla. Stat. ~ 337.401
(1998), and Chapter 32 of the City of Clearwater Code.
SECTION 2. Short Title.
This Ordinance shall be known and may be cited as the "KMC Telecommunications Franchise."
SECTI ON 3. Definitions.
For the purposes of this Ordinance, the following terms, phrases, words and their derivations
shall have the meaning given herein. When not inconsistent with the context, words in the
present tense include the future tense, words in the plural number include the singular number,
and words in the singular number include the plural nwnber. The word "shall" is always
mandatory and not merely directory.
A. "Backhaul Network." A physical network of copper, fiber optic or microwave
links that connect Micro or Pico Cell sites to a central switching point or the public switched
telephone network.
Ordinance 6479-00
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(B) "Cable Systems" - A facility, consisting of a set of closed transmission paths and
associated signal generation, reception, and control equipment that is designed to provide cable
service which includes video programming and which is provided to multiple subscribers within
a community, but such term does not include:
(1) A facility that serves only to re-transmit the television signals of one or more
television broadcast stations;
(2) A facility that serves only subscribers in one or more multiple-unit dwellings
under common ownership, control, or management, unless such facility or facilities uses
any public rights-of-way;
(3) A facility of a common carrier, except that such facility shaH be considered a
cable system to the extent such facility is used in the transmission of its video
programnling directly to subscribers; and
(4) Any facilities of any electric utility used solely for operating its electric facility
systems.
C. "Cell Site." The location of a transmitter/ receiver and backhaul network interface
system which provides telephone or telecommunications type services to subscribers. These
locations include single pole-mounted receiver/ transmitter units, cable suspended units,
receiver/transmitter units located on new or existing antenna structures, receiver/ transmitter
units located in buildings and on roof tops.
(D) "The City" - The City of Clearwater, Florida.
(E) "Emergency" - A reasonably unforeseen occurrence with the potential to
endanger personal safety or health, or cause substantial damage to property, that calls for
immediate action.
(F) "Franchise Area" - That portion of Grantee's service which is within the
corporate city limits of the Grantor.
(G) "Grantee" - KMC Telecom III, Inc. ("KMC"), its successors and assigns.
(H) "Grantor" - The City of Clearwater, Florida ("the Citi").
(I) "Law" - Any local, state or federal legislative, judicial or administrative order,
certificate, decision, statue, constitution, ordinance, resolution, regulation, rule, tariff, guideline
or other requirement, as amended, now in effect or subsequently enacted or issued during the
term of this Agreement, including, but not limited to, the Communications Act of 1934, as
amended by the Telecommunications Act of 1996, Pub.L.No. 104-104 ~ IOI(a), 110 Stat. 70
codified at 47 V.S.C., and all orders, rules, tariffs, guidelines and regulations issued by the
Federal Communications Commission or the governing state authority pursuant thereto.
2
Ordinance 6479-00
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(1) "Micro Cell." A transmitter/receiver system used to communicate to the
subscriber's handset. Typically with a range 600-1,000 meters.
(K) "Person" - Any person, firm, partnership, association, corporation, company or
organization of any kind.
(L) "Pico Cell." A transmitter/receiver system used to communicate to the
subscriber's hand set. Typically with a range of 200- 600 meters.
(M) "Recurring Local Service Revenues." Revenues from the recurring charges for
local services provided by Grantee using its Telecommunications Facilities within the Grantor's
rights-of-way.
(N) "Rights-of- Way" - All of the public streets, alleys, highways, waterways, bridges,
easements~ sidewalks and parks of the City, as they now exist or Dlay be hereafter constructed,
opened, laid out or extended within the present limits of the City, or in such territory as may
hereafter be added to, consolidated or annexed to the City.
(0) "Telecommunications Company." Every corporation, partnership, and person and
their lessees, trustees, or receivers appointed by any court whatsoever, and every political
subdivision in the state, offering two-way Telecommunications Services to the public for hire
within this state by the use of a Telecommunications Facility.
(P) "Telecommunications Facilities." Includes real estate, apparatus, and property
used and operated to provide two-way Telecommunications Services to the public for hire within
this State.
(Q) "Telecommunications Services." Includes, without limitation, local service as
defined in Fl. Stat. 9203.012(3) (1998), toll service as defined in Fl. Stat. ~ 203.012(7) (1998),
private communication service as defined in FI. Stat. S 203.012(4) (1998), or any other provision
of two-way communications services to the public for hire. Teleconununications Services, as
contemplated herein, does not include the provision of service via an open video system, which
shall require separate authorizations from the Grantor.
(R) "Wireless CommWlication System." Any system which uses form of cellular
telephony which allows business and residential subscribers to access and/or make telephone
calls to each other through the wireless communication system or one of the public switched
telephone networks using cordless telephone devices which communicate with limited range
micro or pica cells (transmitter/receiver sites) connected to a backhaul network.
SECTION 4. Grant of Authority.
(A) There is hereby granted by Grantor, to Grantee, the right and privilege to
construct, erect, operate, own and maintain, in, upon, along, across, above, over and under
Rights-of-Way now laid out or dedicated, and all extensions thereof, and additions thereto in the
City, poles, wires, cables, underground conduits, manholes and other Telecommunications
3
Ordinance 6479-00
. " .' ,." - '. ~'","'.. I', + '" I." ,/. . : ...... , . ~:' . '
Services and utility structures necessary or proper for the maintenance and operation of its
Telecommunications Services, provided that all visible portions of the same shall conform to the
National Electrical Code. This Franchise is awarded subject to all applicable Law. Grantee and
Grantor acknowledge that Grantee's Telecommunications Services business is subject as a
telecommunications common carrier to the requirements of Fla. Stat. Ann g364 (West 1995) and
the Rules and Regulations of the Florida Public Service Commission in its intrastate aspects and
to 47 V.S.C. 9201 et seq., and the Rules and Regulations of the Federal Communications
Commission in its interstate aspects.
(B) This Franchise is for use by Grantee of Grantor' s Rights-of-Way for all lawful
purposes related to Grantee's Telecommunications Services business. Grantee agrees that it shall
not, unless allowed specifically by applicable State or Federd law, use Grantor's Rights-of-Way
for the operation of a Cable System without a separate franchise therefor from the City. Grantee
also agrees that without the prior written permission of Grantor, it will not allow any entity
providing a wireless communication system to acquire rights to occupy Rights-of-Way under this
Franchise. This Franchise is for use by Grantee of Grantor' s Rights-of-Way for all lawful
purposes related to Grantee's Telecommunications Services business. Grantor shall not prevent
Grantee from using wireless technology to provide Telecommunications Services, under
applicable ordinances and regulations.
....
(C) Annexation or Contraction. Grantee agrees that the Franchise Area nlay be
subject to expansion or reduction by virtue of Grantor's annexation or contraction of municipal
boundaries. If Grantor approves any Franchise Area expansion or reduction by annexation,
Grantor will provide notice to Grantee. Grantee must revise its payments due to any expansion
or reduction by annexation within a reasonable time after notice to Grantee, but no later than
sixty (60) days after notice of the effective date of change.
(0) Non-Exclusive Use. The right to use and occupy said Rights-of-Way for the
purposes herein set forth shall be non-exclusive, and the Grantor reserves the right to grant a
similar use of said Rights-of-Way to any person at any time during the period of this Franchise,
so long as such grant is competitively neutral and non-discriminatory, as required by 9 253 of the
Telecommunications Act of 1996, with respect to similarly situated users of the Rights-of-Way.
SECTION 5. Terms of Franchise.
(A) The Franchise and rights herein granted shall take affect and be in force from and
after the final passage hereof, as required by law and upon the filing of an acceptance by Grantee
of all the terms thereof with the Grantor and shall continue in force and effect for a term of ten
(10) years commencing on the date of the signing of this Agreement. This Agreement shall
automatically renew for one (1) additional one (1) year period, unless either party gives ninety
(90) days notice of intent to terminate prior to the end of the ten (10) year term; provided,
however, that the City may not terminate tIus Agreement unless Grantee has substantially
breached a material provision hereof, which breach shall be governed by Section 8.
(B) Provided, however, that the Grantor or Grantee at any time during the term of this
Franchise may open applicable terms hereof for good faith renegotiation, except that
4
Ordinance 6479-00
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. .1" '\' ," -;~ _,1" ',. ~: ".,' "r\' ,.t",!'" ,'. .:"".. ;' ~ " .. T.'.."": '" 1..- -~..~... f. ;.,". I ,~~!. ,'.,.1.'1 ...~...'. '.\" .:.. ~'.':,." \ ;..~",,'. ...11~":'... :~:...;:.... ~ ,~':~~':..,. .:~..,~ ~ ..i~ ~.. t1~. : I '~:
modifications to the franchise fee shall be governed by Section 6(A). The party seeking to
reopen the terms of the Franchise shall provide written notice of intent to do so to the other party.
Upon receipt of notice to reopen, the party receiving such notice shall be required to meet with
the other party to review the terms requested and to negotiate in good faith on such terms.
Negotiations on all reopened terms shall be concluded within a rei."Lsonable period of time, but in
any event shall be concluded within ninety (90) days after commencing. Neither party is excused
from compliance with the Franchise during any period of renegotiation or following such
renegotiations in the event that the parties do not agree on new terms. If parties fail to achieve a
mutually agreeable resolution, they reserve their rights to pursue any and all remedies available
at law, except as provided in this Section 5(B) or in Section 6(A), with respect to modifications
hereto. Neither the Grantor nor the Grantee shall be deemed to have waived any rights or
remedies at law by virtue of executing this Agreement.
SECTION 6. Payment to Grantor.
(A) The Grantee shall pay to the Grantor monthly as a franchise fee under this
Franchise the sum of one percent (10/0) of the gross receipts of the Franchisee on Recurring Local
Service Revenues for services provided within the corporate limits of the City by the Grantee.
To the extent that any changes in State law permit a higher percentage or require a lower
percentage or require a broader or narrower base of services to be subject to franchise fees, the
percentage or base specified in this Franchise shall be automatically modified to the level
permitted by Law.
(B) Payment shall be made to the Grantor for each month no later than the thirtieth
(30th) day of the following lnonth. The monthly payment shall be made by wire transfer for any
monthly payment that exceeds $2,000.00. Any monthly payment or any portion thereof received
thirty (30) days or more after the due date shall be subject to interest at the rate of 12% percent
per annum or the maximum amount allowed by law until all payments are paid in full.
(C) The Grantee will attach to each payment a statement of its gross receipts on
recurring local service revenues for the period on which such payment is based, signed by an
authorized representative of the Grantee, in such fornl and detail as the Grantor's auditor
reasonably nlay from time to time prescribe, sufficient to show the source and method of
computation of said gross receipts. The acceptance of any statement or payment shall not stop
the Grantor from asserting that the amount paid is not the amount due or from recovering any
deficit by any lawful proceeding, including interest to be applied at a rate equal to that provided
by statute for Florida circuit court judgments.
(D) The Grantee shall supply all accounts and records of the Grantee and/or all such
information that the Grantor or its said representative reasonably may from time to time request
or require which are necessary to determine the correctness of such statement. Said records nlay
be inspected by the Grantor or its duly authorized representatives during normal business hours,
upon reasonable notice to the Grantee at the Grantee's local office in the Tampa Bay Area.
SECTION 7. Notice of Assignment.
5
Ordinance 6479-00
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(A) The rights and privileges granted by this Franchise shall not be sold, assigned,
transferred, leased or pledged in whole or in part without the express consent of the City
Commission in accordance with the City of Clearwater Code of Ordinances Section 32.035,
which shall not be unreasonably withheld. No such sale or transfer shall be effective until the
vendee, assignee or lessee has filed with the Grantor an instrument, duly executed, reciting the
fact of such sale, assignment or lease accepting the terms of the Franchise, and agreeing to
perfonn all the conditions thereof.
(B) Notwithstanding the foregoing, the Grantor acknowledges and agrees that Grantee
may assign or collaterally assign, in whole or in part, its rights, interests and obligations
hereunder without limitation to any of its affiliates, any party providing financing to Grantee, and
any successors and assigns of the foregoing without the consent of the Grantor. Grantee will
provide the Grantor with notice of any assignment. The Grantor agrees that the holder of any
security interest shall not be prevented or impeded by the Grantor from enforcing such security
interest and shall not terminate this Agreement without the prior written consent of the assignee.
The Grantor shall not unreasonably withhold consents to assignment and/or acknowledgments of
any security interest as are requested by Grantee to give effect to the foregoing. Such
acknowledgments may contain an agreement to allow the holder of such security interest to cure
defaults by Grantee under this Agreement and a consent to allow the assignment to the
successors-in-interest of the holder of such security interest.
SECTION 8. Ordinance Violations.
(A) Substantial Violations
Any substantial violation by the Grantee, its vendee, lessee or successor of the provisions
of this Franchise or any material portions thereof, may cause the Franchise and all rights
hereunder to be terminated and/or penalties to be imposed in accordance with the City of
Clearwater Code of Ordinances Section 32.038. After written notice to Grantee of a violation
and failure by Grantee to rectify the violation within a reasonable time, Grantor may telminate
the Franchise and/or assess a penalty. A reasonable period of time is defined as the period of
time required to rectify a violation assuming that the Grantee has commenced a good faith effort
to rectify such violation but under no circumstances shall be longer than thirty (30) days unless
the failure to cure the violation is due to circumstances beyond Grantee's control (such as an act
of God), or an inability to cure notwithstanding Grantee's diligent, good faith effort to do so.
(B) Penalties for Certain Non-Performance
In the event that certain events occur, penalties of $500 per occurrence may be imposed
by the Grantor. Listed below are certain requirements which, if not met by Grantee, may cause
Grantee to be subject to penalties:
(1) Upon Grantor's undertaking a utilities project and submission of plans or
drawings to Grantee for review and comment, Grantee shall respond to Grantor no
later than two weeks from the date of receipt of such plans to comment on the
feasibility and compatibility of such plans with the existing Telecommunications
Facilities.
6
Ordinance 6479-00
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(2) Telecommunications Facilities shall not be installed or placed without obtaining
all required pennits.
(3) Grantee shall obtain Grantor's approval before Grantee undertakes any project
requiring the closing of streets or traffic lanes, except during emergency
situations.
(4) Grantee shall obtain permits from Grantor prior to the trimming and removal of
trees.
(5) Grantee shall obtain Grantor's approval before Grantee has displaced, danlaged,
or destroyed any sewer or water main, storm water appurtenance, or other utility
belonging to Grantor.
(C) The Grantor shall enforce the foregoing provisions with respect to the assessment
of penalties in accordance with the Florida Administrative Procedure Act, Chapter 120 of the
Florida statutes.
SECTION 9. Grantor Rights in Franchise.
(A) Consistent with applicable Law, the right is hereby reserved to the Grantor to
adopt, in addition to the provisions herein contained and existing applicable ordinances, such
additional regulations as it shall find necessary in the exercise of its police power.
(B) The right is hereby reserved to the Grantor to purchase, in accordance with all
applicable tariff rates and terms, Telecommunications Services offered by Grantee within the
Franchise Area, to the extent that each service ordered is already available within the particular
sector of the Franchise Area for which the Grantor seeks to obtain the service. Nothing herein
shall be deemed to the contrary.
(C) At the expiration of the term for which this Franchise is granted, or upon its
termination, as provided for herein, the City shall have the right to require Grantee to remove, at
its own expense and with dispatch, all portions of its Telecommunications Facilities from the
City streets; provided, however, the Franchise may be renewed upon expiration so long as
Grantee is in substantial compliance with its provisions.
(D) If the City wishes, after the expiration of this Franchise, to purchase all or any part
of the property of Grantee's Telecommunications Facilities operated within the City's municipal
boundary herewlder, at fair market value as a going concern, but with no value allocated to the
Franchise itself, it may give written notice of its election to the Grantee within sixty (60) days
prior to the expiration of the term hereof. If Grantee does not wish to convey its
Telecommunications Facilities to the City and does not seek renewal of the Franchise, Grantee
must remove its Telecommunications Facilities within one (1) year of the expiration of the
Franchise, or the City may remove them and Grantee will reimburse Grantor for all reasonable
and documented costs of removal.
7
Ordinance 6479-00
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SECTION 10. Conditions on Street Occupancy.
(E) Inspection. The Grantor shall have the right to inspect in a reasonable manner all
construction and installation work to insure compliance with governing ordinances.
(A) Use. Telecommunications Facilities erected by the Grantee within the Franchise
Area shall be so located as to cause minimum interference with the proper use of Rights-of-Way,
and to cause minimum interference with the rights of property owners who adjoin any of the said
Rights-of-Way.
(B) Restoration. In case of any disturbance of surface, base or landscape treatment of
Rights-of-Way or damages to Grantor's structures and facilities caused by the Grantee's
operations and activities, Grantee shall, at its own cost and expense, replace and restore all
Rights-of- Way or Grantor's structures and facilities disturbed, to the same or better condition as
before said work was commenced and in accordance with City Code. However, should the
Grantee fail to commence restoration after fifteen (15) days notice, in writing, to said Grantee by
the Grantor, the Grantor may make such repair and restoration of the same and Grantee shall pay
reasonable and documented costs incurred by Grantor. Grantee shall warrant for one (1) year all
work done to repair Grantor's Rights-of-Way and other property during the term of this
Franchise. Upon detection by Grantee or upon request of the Grantor, Grantee shall at no cost to
the Grantor repair sunken patches, trenches or make other repairs that become necessary because
of excavation or other work done by the Grantee at any time during the term of the Franchise.
(C) Relocation. At any time during the period of this Franchise, if Grantor lawfully
elects to alter, or change the grade of any Rights-of-Way, or alter or move any structure or
facility of Grantor, it may require Grantee, upon reasonable notice by Grantor, to review, relay,
and relocate its poles, wires, cables, underground conduit and other Telecommunications
Facilities at it own expense, so long as Grantor requires same of all other similarly situated users
of the Rights-of-Way.
(D) Placement of Fixtures. Grantee shall not place poles or other fixtures where the
same will interfere with any water hydrant, water main, or sewage line, reclaimed water lines and
hydrants, traffic signal poles and facilities, storm drains and facilities, so long as Grantor requires
same of all other similarly situated users of the Rights-of-Way. All such poles or other fixtures
placed in any Right-of-Way shall be placed in such a manner as not to interfere with the usual
travel thereon.
(E) Unauthorized Installation. Except in an Emergency, any conduits, cables or pole
lines installed or placed without first having obtained the permits herein provided for shall be
moved within thirty (30) days after receipt of written notice by Grantor to remove the same. In
default of compliance with such notice, the conduits, cables, or poles may be removed by order
of the Department of Public Works of the City and the cost of removal shall be borne and paid by
the Grantee.
8
Ordinance 6479-00
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(F) Temporary Removal of \Vire for Building MoviI}g. Grantee, on the request of any
person holding a building permit issued by Grantor, shall temporarily raise or lower its wires to
permit the moving of buildings, so long as same is required of all other similarly situated users of
the Rights-of-Way. The expense of such temporary removal, raising or lowering of wires shall
be paid by the person requesting the same, and Grantee shall have the authority to require such
payment in advance. Grantee shall be given notice of not less than forty-eight (48) hours to set a
schedule for such temporary wire changes.
(G) Tree Trimming. Grantee shall have the authority to trim trees upon and
overhanging Rights-of-Way of Grantor so as to prevent the branches of sHch trees from coming
in contact with the wires and cables of Grantee, all trimming to be done pursuant to governing
laws and at the expense of Grantee.
(H) Underground Facilities.
(1) K.M:C shall place its Facilities underground on Gulf-To-Bay Boulevard and on any
other City street as may be subsequently required by the City's corridor or redevelopment
plans; provided, however, that all utilities located in areas in which the City shall requite
facilities to be placed underground shall also be required to bury all fiber at the same time
and under the same terms and conditions.
(2) Replacement poles, underground cables or other Telecommunications Facilities
shall be placed between the property line and the curb line of all streets and avenues and
shall not be within the roadway recovery area. New underground cables, when it is
practicable to do so, and required of all similarly situated users of the Rights-of-Way,
shall have consistent alignment parallel with the edge of pavement, a thirty-six inch (36")
depth of cover for the paved portion of roadways, a twenty-four inch (24 ") to thirty inch
(30") depth of cover in all areas except the paved portion of roadways, and shall have a
two (2') foot horizontal clearance from other underground utilities and their appwtenance.
The lowest wire on any poles placed in any Right-of- Way used by vehicle traffic shall
not be less than eighteen (18') feet from the ground and, whenever Grantee's wires and
electric power wires cross each other, wires shall cross and be maintained in accordance
with the National Electrical Code.
(3) Within six (6) months of the effective date of this Franchise, the Grantee shall
present a facilities plan, which shall: (i) include a construction schedule; (ii) be
coordinated with the Grantor's construction programs to minimize impact on the
motoring public; (iii) be in compliance with Section IO(H) of this Franchise Ordinance;
and (iv) be acceptable to the City's Director of the Department of Public Works.
(4) Grantor agrees to be a member of the one-call toll-free telephone notification
systelTI prescribed pursuant to Fla. Stat. Ann ~556 (West 1997).
(1) Permits. No work shall be performed by Grantee, its subcontractors, contractors,
agents or authorized representatives to install, locate, relocate or maintain Grantee's
Telecommunications Facilities in, upon, along, across, above, over or under the Rights-of-Way
9
Ordinance 6479-00
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now laid out or dedicated, and all extensions thereof, without first obtaining a proper permit for
such work from Grantor, which permit shall not be withheld unreasonably or in a discriminatory
manner. To the extent required by law, Grantee and each of its subcontractors, contractors,
agents or authorized representatives must be licensed to perform their services in the Franchise
Area. Grantee assumes all responsibility for applicable permit(s), their reasonable and
nondiscriminatory requirements and conditions, including notification for inspection purposed,
and conformance to Grantor specifications. To the extent allowed by Law, all licensing fees are
applicable to Grantee.
(1) Right-of-Way Not Warranted. Grantor does not warrant any right, title or interest
of any Rights-of- Way in existence or hereafter acquired, used by Grantee or as may be used by
Grantee in the future.
(K) Inspection. The Grantor shall have the right to inspect all construction and
installation work to insure compliance with governing ordinances.
SECTION 11. Governing Law and Venue.
(A) Grantee shall, at all times during the life of this Franchise, be subject to all lawful
exercise of the police power by Grantor.
(B) The rights and privileges granted to Grantee by this Franchise shall at all times be
subordinate and inferior to the rights of the public in and to the ordinary use of Grantor's Rights-
of- Way, and nothing in this Franchise shall be considered as a surrender by Grantor of its right
and power to use and relocate its Rights-of-Way.
(C) The Franchise and rights herein granted are subject to the provisions of applicable
law.
CD) Venue. In the event that any legal proceeding is brought to enforce the terms of
this Franchise in a court of law, the same shall be brought in the State court in Pinellas County,
Florida or the United States District Court for the Middle District of Florida.
SECTION 12. Grantee Liability - Indemnification.
(A) The Grantee shall indemnify, defend (with counsel reasonably acceptable to the
City) and hold the Grantor and its officers, directors, agents, servants, employees, successor and
assigns harmless of and from any and all claims for personal injury, death or property damage,
any other losses, damages, charges or expenses, including reasonable attorney's fees, witness
fees, court costs and the reasonable value of any services rendered by any officer or employee of
the Grantor, and any orders, judgments or decrees which may be entered, which arise or are
alleged to have arisen out of, in connection with, or attributable to, the Grantee's activities under
this Franchise and the placement, repair, relocation or removal by the Grantee of any portion of
the Telecommunications Facilities, except to the extent any losses arise from the willful
nlisconduct or negligent acts or omissions of the City, its officers, directors, agents, servants,
employees, successor and assigns. Grantee shall undertake at its own expense the defense of any
10
Ordinance 6479-00
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action which may be brought against the Grantor for damages, injunctive relief or for any other
cause of action arising or alleged to have arisen out of, in connection with or attributable to, the
foregoing; and, in the event any final judgment therein should be rendered against the Grantor
resulting from the foregoing, the Grantee shall promptly pay the final judgment together with all
costs relating thereto; the Grantee being allowed, however, an appeal or appeals to the
appropriate court or courts from the judgment rendered in any such suit or action upon the filing
of such supersedeas bond as shall be required to prevent levy or judgment against the Grantor
during such appeal or appeals. Grantor shall notify Grantee's representative in City within ten
(10) days after presentation of any claim or demand, either by suit or otherwise, made against
Grantor on account of any breach as aforesaid on the part of Grantee.
(B) Grantee shall be responsible for reimbursing Grantor for damage to any of
Grantor's water lines, sewers and traffic light controls disturoed from the actions of Grantee, or
its representatives, in the construction, operation or maintenance of its facilities in the Franchise
Area, to the same or similar condition as before said work was commenced and in accordance
with City of Clearwater Code.
(C) Insurance. Grantee shall maintain, and by its acceptance of this Franchise
specifically agrees that it will maintain throughout the terms of this Franchise, liability insurance
insuring the Grantee with regard to all damages set forth in Paragraph I2(A) in the minimum
amounts of:
(i) $500,000 for bodily injury or death to a person, within the limit;
$1,000,000 for bodily injury or death resulting from anyone
accident.
(ii) $50,000 for property damage resulting from anyone accident.
(iii) $1,000,000 for all other types of liability.
(D) The Certificate of Insurance reflecting the above coverages and limits of liability, with Grant
named as an additional insured, shall be filed with and approved by the City Commission, and such proof of
insurance shall be filed and maintained with the City Clerk during the term of this Franchise.
SECTION 13. Severability.
Should any section or provision of this Franchise or any portion thereof be declared by a court of competent
jurisdiction to be invalid, such decision shall not affect the validity of the remainder, as a whole or any part
thereof, other than the part declared to be invalid. In the event of any such partial invalidity, the Grantor and
Grantee shall meet and negotiate in good faith in accordance with Section 5(B) to obtain a replacement
provision that is in compliance with the judicial authority's decision; provided, however, that to the extent th
declaration relates to franchise fees, the provisions in Section 6(A) shall apply.
SECTION 14. Records and Reports.
The following records and reports shall be filed with or available to or from Grantor:
11
Ordinance 6479-00
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(A) Grantee Rules and Regulations. Copies of such rules, regulations, terms and conditions adop
by Grantee that relate to Grantee's use of Grantor's Right-of-Way shall be available upon request by Grantor
(B) Audit Report. Grantee shall annually submit to Grantor a copy of its published Audit Report
upon request by Grantor.
(C) Accounting. Grantee will attach to each payment a statement of its monthly Recurring Local
Service Revenues by the period on which such payment is based, signed by an authorized representative of t
Grantee, in such reasonable form and detail as Grantor may from time to time prescribe, sufficient to show t
source and method of computation of said revenues. The acceptance of any statement or payment shall not
estop the Grantor from asserting that the amount paid is not the amount due or from recovering any deficit b
any lawful proceeding, including interest to be applied at a nite equal to that provided by statute for circuit c
judgments.
(D) Availabilitv of Records. Grantee shall make available all relevant accowlts and
records of the Grantee and/or all such information that the Grantor or its representatives may
from time to time reasonably request or require for the sole purpose of reviewing fees paid under
Section 6. Such financial records as are required under this Agreement hereof shall be kept and
maintained in accordance with generally accepted accounting principles. All of the said records
shall, on reasonable \vTitten request of Grantor and subject to Section 14(E), be open for
examination and audit by Grantor and Grantor's External Auditors and their staff during ordinary
business hours, in the Tampa Bay Area Office of Grantee, and such records shall be retained by
Grantee for a minimum of five (5) years.
(E) Records and Reports - Audit. For the sole purpose of reviewing fees paid under
Section 6, Grantor may require an audit of Grantee's books at Grantor's expense once every five
(5) years during the term of this Ordinance. In the event any such audit identifies a five pelcent
(5%) or greater error on Grantee's part in failing to report the franchise revenue base for the audit
period, Grantee agrees to reimburse Grantor for its reasonable audit costs. Provided, however,
that such costs shall not have been incurred by Grantor as a result of any contingency fee
arrangement between Grantor and any third party auditor, that any such auditor shall meet all
legal qualifications to perform such audit, and that Grantee shall have the right upon request, to
review the contract between Grantor and any such auditor to confirm the foregoing. In the
further event the audit identifies errors which will require time for correction, such errors may be
projected into the future for a reasonable period of time to allow Grantee to correct SaIne. At the
time of correction of the error(s), a true-up or comparison of the amounts paid as a result of any
projections shall be made and if such tnle-up results in the Grantee overpaying its franchise fee,
Grantor shall reimburse Grantee for said amount including interest at the rate of ten percent
(1 ootlo) per annum. If such true-up results in the Grantee underpaying its franchise fee, Grantee
shall pay said amount including interest at ten percent (10%) per annum. Any underpayment or
overpayment as provided herein shall be paid within thirty (30) days after receipt of any demand
or invoice from Grantor or Grantee.
(F) To the extent permitted by law, all records and reports submitted by Grantee by
Grantor pursuant to the requirements of Section 14 shall be treated and maintained by Grantor as
12
Ordinance 6479-00
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the confidential business infomlation of Grantee, and shall be protected from disclosure to any
third party.
(0) Underground Installation Records. Grantor may requ~st, on a nondiscriminatory
basis under terms applicable to all other similarly situated users of the Rights-of-Way that
Grantee provides Grantor records of its underground installation, on as built field ties (horizontal
and vertical) or on drawings provided by Grantor within thirty (30) days of Grantor's reasonable
request for such information, provided, however, that such request shall not be made sooner than
thirty (30) days following Grantees completion of construction of its Initial Telecommunications
Facilities or any expansions thereof.
SECTION 15. Compliance with Law.
Grantee shall maintain and operate its Telecommunications Facilities and render efficient service
in accordance with applicable Law.
SECTION 16. Grantor's Authority.
(A) Nothing in this Ordinance shall prevent Grantor from levying and collecting any
other taxes or fees as Grantor may from time to time be empowered, by Law, to levy and collect.
Such taxes and fees are not considered part of the franchise fees.
(B) Grantee shall not be excused from complying with any of the temlS and
conditions of this Franchise by any failure of the Grantor, upon anyone or more occasions, to
require Grantee's performance or compliance with anyone or more of such terms or conditions.
SECTION 17. Ordinances in Conflict.
Notwithstanding anything contained in this Franchise to the contrary, in the event that (1) this
Franchise or any part hereof, (2) any procedure provided in the Franchise or (3) any
compensation due Grantor under this Franchise, becomes, or is declared or determined by final
judicial authority exercising its jurisdiction to be excessive, unenforceable, void, unlawful, in
whole or in part, Gral1tee and Grantor shall meet and negotiate in good faith in accordance with
Section 5(B), to obtain a new Franchise that is in compliance with the authority's decision or
enactment; provided, however, that to the extent the declaration relates to franchise fees, the
provisions in Section 6(A) shall apply.
SECTION 18. Acceptance.
Grantee shall signify its acceptance of the Franchise terms in writing prior to City Commission's
approval of this Ordinance by filing such written acceptance with the City Clerk.
SECTION 19. Attonley's Fees and Expenses.
Except as otherwise provided for herein, Grantor and Grantee hereto agree that if litigation
becomes necessary to enforce any of the obligations, terms and conditions of this Franchise, the
13
Ordinance 6479-00
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prevailing party shall be entitled to recover reasonable attorney's fees and court costs, including
fees and costs on appeal, from the non-prevailing party.
SECTION 20. Notices.
Except in exigent circumstances, all notices by either Grantor or Grantee to the other shall be
made by either depositing such notice in the United States Mail, Certified Mail return receipt
requested, overnight delivery, or by facsimile. Any notice served by certified mail return receipt
shall be delivered five (5) days after the date of such deposit in the certified United States mail
unless otherwise provided. Any notice given by facsimile is deemed received by next Business
Day. "Business Day" for purposes of this section shall mean Monday through Friday, with
Saturday, Sunday and Grantor and Grantee observed holidays excepted. All notices shall be
addressed as follows: .
To Grantor:
City Manager
City of Clearwater
112 S. Osceola Avenue
Clearwater, Florida 34618-4748
With a copy to:
Pamela Akin, City Attorney
City of Clearwater
112 S. Osceola Avenue
Clearwater, Florida 34618-4748
To Grantee:
KMC Telecom III, Inc.
1545 Rt. 206, Suite 300
Bedminster, New Jersey 07921
ATTN: Mr. Michael Sternberg
President and CEO
With a Copy to:
KMC Telecom III, Inc.
3025 Breckinridge Boulevard, Suite 170
Duluth, Georgia 30096
A TIN: Ms. Tricia Breckenridge
Executive Vice President, Business Development
Notice shall be given as required by this Franchise and for all other Emergencies. Notice shall be
provided to the above-named addressees unless directed otherwise in writing by Grantor or
14
Ordinance 6479-00
I 'I' I \ : I . ," I , i '. I .
Grantee. Both parties have a duty to provide notice of any name or address change of the parties
to whom notice is required to be provided.
SECTION 21. Non-waiver Provision.
The failure of either party to insist in anyone or more instances upon the strict performance of
anyone or more of the terms of provisions of this Franchise, shall not be construed as a waiver or
relinquishment for the future of any such term or provision, and the same shall continue in full
force and effect. No waiver or relinquishment shall be deemed to have been made by either party
unless said waiver or relinquishment is in writing and signed by the parties.
SECTION 22. Effective Date.
This Ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
December 9, 1999
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
Approved as to form:
Pamela K. Akin
City Attorney
15
Ordinance 6479-00
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ORDINANCE NO. 6480-00
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AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO THE CITY OF CLEARWATER MONEY
PURCHASE PENSION PLAN; AMENDING CHAPTER 2,
DIVISION 6. CODE OF ORDINANCES, BY ADDING
SUBDIVISION XIII, LOANS TO PARTICIPANTS; AND
AMENDING THE MONEY PURCHASE PLAN DOCUMENT BY
ADDING ARTICLE XIII TO THE END THEREOF TO PROVIDE
FOR PARTICIPANT LOANS FROM THE PLAN; PROVIDING AN
EFFECTIVE DATE.
WHERE=..AS, the City has established the City of Clearwater Money Purchase
Pension Plan (the "Plan"), as subsequently amended; and
WHEREAS, the City is granted authority to amend the Plan; and
WHEREAS, the City has determined that it is in the best interest of participants to
further amend the Plan; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER. FLORIDA:
Section 1. Subdivision XIII, Code of Ordinances, is hereby added as follows:
Sec. 5.510.20.
Subdivision XIII. Loans to Participants
Availability of Loans.
(a) The Plan Administrator, in accordance with its uniform nondiscriminatory
policy, may direct the Trustee, upon application of a Participant who is actively
employed by the Employer, to make a loan to such Participant out of his vested
Accounts upon application of the Participant based upon the Participant's immediate and
heavy financial need (which shall be limited to the criteria set forth in paragraph (e)
below). Any such loan to a Participant shall be considered a Participant directed
investment under Subdivision XI and without limitation shall be subject to the provisions
of Subdivision XI.
(b) All loans must be requested in writing on an application approved by the
Plan Administrator and signed by the Participant. The Employer must review and
approve the application.
(c) The amount advanced, when added to the outstanding balance of all
other loans to the Participant from this Plan or any other qualified retirement plan
adopted by the Employer, may not exceed the lesser of:
1
Ordinance 6480-00
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(1) $50,000. reduced by the excess, if any, of:
(A) the Participant's highest aggregate outstanding balance of
all loans from the Plan (or any other qualified retirement plan adopted by
the Participant's Employer) during the one (1) year period ending on the
day before the date on which the loan is made, over
(8) the aggregate outstanding balance of all loans from the Plan
(or any other qualified retirement plan adopted by the Participant's
Employer) on the date on which the loan is made; or
(2) 50%) of the vested balance of the Participant's Accounts.
(d) The minimum amount that may be borrowed by the Participant shall be
$1,000.00.
(e) A loan will be authorized only in the event of an immediate and heaVy
financial need. An immediate and heavy financial need shall be deemed to include
(1) expenses of medical care (as defined in Section 213( d) of the Code)
incurred by the Participant or his spouse or other dependents (as defined in Section 152
of the Code) or necessary for such persons to obtain such medical care,
(2) payments (other than mortgage payments) directly related to the
purchase of the Participant's principal residence,
(3) payment of tuition and related educational fees for the next 12
months of post-secondary education for the Participant or his spouse. children or other
dependents,
(4) payments necessary to prevent the eviction of the Participant from
his principal residence or the foreclosure on the mortgage of such residence, or
(5) such other events as may be prescribed by the Commissioner of
the Internal Revenue Service in revenue rulings, notices and other documents of
general applicability.
(f) A single loan may be outstanding at any time. After a loan has been fully
repaid, a new loan may not be made to the borrower for at least 30 days after the final
payment has been made with respect to the prior loan.
(g) Notwithstanding the foregoing, no Participant shall be entitled to borrow
an amount that the Pian Administrator determines could not be adequately secured by
the portion of such Participant's Accounts that is permitted to be held as security
pursuant to applicable Department of Labor Regulations.
2
Ordinance 6480-00
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(h) Any out-of-pocket legal and administrative costs incurred by the Trustee
as a result of a loan, or application for a loan, shall be paid by the Participant who
received or applied for such loan.
Sec. 2.501.21. Time and Manner of Repayment.
Any loan made under this Subdivision XIII shall be repayable to the Trust at such
times and in such manner as may be provided by the Administrator, subject to the
following limitations:
(a) Each loan shall be secured by 500/0 of the vested interest of the
Participant in his Accounts. The Administrator shall not accept any other form of
security. Each Participant shall agree to have each required loan payment deducted
from his pay and remitted to the Trustee.
(b) Each loan shall bear interest at a reasonable rate and shall provide for
substantially level amortization of principal and interest no less frequently than
quarterly. The interest rate charged shall be comparable to the rate charged by
commercial lending institutions in the region in which the Employer is located for
comparable loans as determined by the Plan Administrator at the time the loan is
approved.
(c) Each loan shall be repaid within a specified period of time. Such period
shall not be less than twelve (12) months, nor shall such period exceed five (5) years,
unless the loan is used to acquire the principal residence of the Participant.
Sec. 5.510.21. Default.
In the event of default, the Trustee, at the direction of the Administrator. may
proceed to collect said loan with any legal remedy available, including reducing the
amount of any distribution permitted under Subdivision VIII by the amount of any such
loan that may be due and owing as of the date of distribution or any other action that
may be permitted by law. "Events of Default" shall include any failure to make a
payment of principal or interest attributable to the loan when due; failure to perform or
to comply with any obligations imposed by any agreement executed by the Borrower
securing his loan obligation; and any other conditions or requirements set forth within a
promissory note or security agreement that may be required in order to ensure that the
terms of the loan are consistent with commercially reasonable practices.
Section 2. The City of Clearwater hereby adopts the Fourth Amendment to the
City of Clearwater Money Purchase Pension Plan (the UPlanlJ) effective upon the
effective date of this ordinance. substantially in the form attached hereto as Exhibit A
and made a part hereof.
3
Ordinance 6480-00
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Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
December 9, 1999
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst, Mayor-Commissioner
Approved as to form: Attest:
Pa ela K. Akin, City Attorney Cynthia E. Goudeau, City Clerk
4 Ordinance 6480-00
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FOURTH AMENDMENT
TO THE
CITY OF CLEARWATER
MONEY PURCHASE PENSION PLAN
This Fourth Amendment to the City of Clearwater Money Purchase Pension Plan is
made and entered into this _ day of
, 1999, but is effective for all
purposes as of November 1. 1999, by the City of Clearwater (the "City").
WIT N E SSE T H:
WHEREAS, the City has previously adopted the City of Clearwater Money Purchas,e
.
Pension Plan (the "Plan"); and
WHEREAS, pursuant to the terms of the Plan the City is authorized and empowered
to amend the Plan; and
WHEREAS, the City deems it advisable and in the best interest of Participants to
amend the Plan.
NOW, THEREFORE, the Plan is hereby amended by the addition of a new article to
the end thereof, to read as follows:
ARTICLE XIII
loans to Participants
13.1 Availability of loans.
(a) The Plan Administrator, in accordance with its uniform
nondiscriminatory policy, may direct the Trustee, upon application of a Participant
who is actively employed by the Employer, to make a loan to such Participant out of
his vested Accounts upon application of the Participant based upon the Participant's
immediate and heavy financial need (which shall be limited to the criteria set forth in
paragraph (e) below). Any such loan to a Participant shall be considered a
Participant directed investment under Article XI and without limitation shall be
subject to the provisions of Article XI.
(b) All loans must be requested in writing on an application approved by
the Plan Administrator and signed by the Participant. The Employer must review
and approve the application.
EXHIBIT A
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FOURTH AMENDMENT TO
ClrvOF CLEARWATER
MONEY PURCHASE PENSION PLAN
Page 2
(c) The amount advanced, when added to the outstanding balance of all
other loans to the Participant from this Plan or any other qualified retirement plan
adopted by the Employer, may not exceed the lesser of:
(1) $50,000, reduced by the excess, if any. of:
(A) the Participant's highest aggregate outstanding balance
of all loans from the Plan (or any' other qualified retirement plan
adopted by the Participant's Employer) during the one (1) year period
ending on the day before the date on which the loan is made, over
(8) the agg reg ate outstanding balance of all loans from the
Plan (or any other qualified retirement plan adopted by the
Participant's Employer) on the date on which the loan is made; or
(2) 500/0 of the vested balance of the Participant's Accounts.
(d) The minimum amount that may be borrowed by the Participant shall be
$1,000.00.
(e) A loan will be authorized only in the event of an immediate and heavy
financial need. An immediate and heavy financial need shall be deemed to include
(1) expenses of medical care (as defined in Section 213(d) of the
Code) incurred by the Participant or his spouse or other
dependents (as defined in Section 152 of the Code) or necessary
for such persons to obtain such medical care,
(2) payments (other than mortgage payments) directly related to the
purchase of the Participant's principal residence,
(3) payment of tuition and related educational fees for the next 12
months of post-secondary education for the Participant or his
spouse. children or other dependents,
(4) payments necessary to prevent the eviction of the Participant
from his principal residence or the foreclosure on the mortgage of
such residence, or
(5) such other events as may be prescribed by the Commissioner of
the Internal Revenue Service in revenue rulings, notices and
other documents of general applicability.
(f) A single loan may be outstanding at any time. After a loan has been
}.
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FOURTH AMENDMENT TO
CITY OF CLEARWATER
MONEY PURCHASE PENSION PLAN
Pago 3
fully repaid, a new loan may not be made to the borrower for at least 30 days after
the final payment has been made with respect to the prior loan.
(g) Notwithstanding the foregoing, no Participant shall be entitled to
borrow an amount that the Plan Administrator determines could not be adequately
secured by the portion of such Participant's Accounts that is permitted to be held as
security pursuant to applicable Department of Labor Regulations.
(h) Any out-of-pocket legal and administrative costs incurred by the
Trustee as a result of a loan,. or application for a loan, shall be paid by the
Participant who received or applied for such loan.
13.2 Time and Manner of Repayment. Any loan made under this Article XIlI
shall be repayable to the Trust at such times and in such manner as may be
provided by the Administrator, subject to the following limitations:
(a) Each loan shall be secured by 50% of the vested interest of the
Participant in his Accounts. The Administrator shall not accept any other form of
security. Each Participant shall agree to have each required loan payment
deducted from his pay and remitted to the Trustee.
(b) Each loan shall bear interest at a reasonable rate and shall provide for
substantially level amortization of principal and interest no less frequently than
quarterly. The interest rate charged shall be comparable to the rate charged by
commercial lending institutions in the region in which the Employer is located for
comparable loans as determined by the Plan Administrator at the time the loan is
approved.
(c) Each loan shall be repaid within a specified period of time. Such
period shall not be less than twelve (12) months, nor shall such period exceed five
(5) years, unless the loan is used to acquire the principal residence of the
Participant.
13.3 Default. In the event of default, the Trustee, at the direction of the
Administrator, may proceed to collect said loan with any legal remedy available,
including reducing the amount of any distribution permitted under Article VIII by the
amount of any such loan that may be due and owing as of the date of distribution or
any other action that may be permitted by law. "Events of Default" shall include any
failure to make a payment of principal or interest attributable to the loan when due;
failure to perform or to comply with any obligations imposed by any agreement
executed by the Borrower securing his loan obligation; and any other conditions or
requirements set forth within a promissory note or security agreement that may be
required in order to ensure that the terms of the loan are consistent with
commercially reasonable practices.
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FOURTH AMENDMENT TO
CITY OF CLEARWATER
MONEY PURCHASE PENSION PLAN
Page 4
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IN WITNESS WHEREOF, this Fourth Amendment has been entered into and is
effective as of the date first set forth above.
Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
Brian Aungst, Mayor-Commissioner
Michael J. Roberto, City Manager
Approved as to form:
Attest:
Pamela K. Akin, City Attomey
Cynthia E. Goudeau, City Clerk
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ORDINANCE NO. 6481-00
19
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
VACATING THE WESTERLY 3 FEET OF THE 10.0 FOOT
UTILITY EASEMENT LYING ALONG THE EAST SIDE OF LOT
110, DEL ORO GROVES FIRST ADDITION; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Mary and Walter Groteke, owners of real property located in the City of
Clearwater, have requested that the City vacate the utility easement depicted in Exhibit "An
attached hereto; and
WHEREAS, the City Commission finds that said easement is not necessary for municipal
use and it is deemed to be to the best interest of the City and the general public that the same be
vacated; now. therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following:
Westerly 3 feet of the 10.0 foot utility easement lying along the East side of Lot
110, Del Oro Groves First Addition, as recorded in Plat Book 69, Pages 56 and 57
of the Public Records of Pinellas County, Florida.
is hereby vacated, closed and released, and the City of Clearwater quitclaims and releases all of .
its right, title and interest thereto subject to the removal of the portion of any concrete pool deck
that encroaches into the remaining portion of the easement as described in Exhibit "B".
Section 2. The City Clerk shall record this ordinance in the public records of Pinellas
County, Florida, following compliance with conditions set forth in Section 1 above.
Section 3. The recording by the City Clerk of this ordinance shall be conclusive evidence
of the full satisfaction of the conditions set forth in Section 1 above.
PASSED ON FIRST READING
December 9, 1999
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
~~
J arassas
Assistant City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No. 6481-00
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Exhibit "A"
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~~ CITY Of CLEARWATER. fLORIDA
~:2?- 61 PUBLIC WORKS ADMINISTRATION
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r~., ENCINEERING
S-T-R: 9-29S-16E
Grid #: 2748
THIS IS NOT A SURVEY
NAME: GROTEKE
Voc99- 12
Drown by: EA
Dote: 09/t 5/99
Ordinance 6381-.00
Pia l Book 69 P09U ~6 de 57
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CLEARWATER
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CITY
OF
POST O'flCi: Box 4748. Cwp'Am. FlOIUO' 337;8-47-i8
T1U:PHO~E (727) ;62-r:;o f", (727) ;62--\7;;
Puuc WO!UlS
. AD..\U.~lSnAno:'(
October 12. 1999
City of Oearw~rer
Public Wotks Administration
1~ S. Myrtle Ave.. #22tJ
Oe:uwatet, PI. 33756-5520
Re:
PARCEL:
LEGAl:
ADDRESS:
09-~15-2t)828.000..1100
1m no. Dc:l Om Grovel, Fint Addition
1213 Alameda Avenue.
To whom it rn.ay concern:
Upon approval of the 3-foot vxaboo of the utility easemen~ d~b~ in orditw1ce No. 6463-99 br the
City of Oea.rwater Commission, I vee to remove mj portion or concrete pool deck that may lie ".,jthin
the rem.aining po<<tion or raid ezement. It is my understlnding that the deck will be saw cut and
removed :n my eXpens~. Th' will be completed within 30 ~ys of the passing of S2id ordirunce on
second (~
Date
10113 /91
ItJ#v/99
-
Signed mIL
M3ryL
Date
The foregoing instrument wtlS acknowledged before me this 0 6 td b,,' ; '-4. 'Ci' if
\too'~\.r~ .(. ("t,re~ fL b-.. \.\\.. ,,~U...4'lr-.,C,-j"'7,
by ~~A." \'. ~~ ;"EKE, who is pe~on;illy known to me or who hz produced n. 'bt. LH.. ~~). - S'il- 4"- .;i, . ,
,--
as idmtifiation and who did ~. tlke an oath.
~ ~~" g. ^'-J-.~ Notuy P\Jblic. Commission No.
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v AC 99-JJ Ccvttkc.doc
O~E CIty. Ost fnt.R(.
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-EQOL E\tPLO\)IE:\'T ...."D MFlIl\L'11\'E .~os E~IPlO\T.R"
EXHIBIT "B"
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ORDINANCE NO. 6482-00
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, SUBMITTING TO THE CITY ELECTORS
PROPOSED AMENDMENTS TO THE CITY CHARTER
AMENDING SECTION 2.01 (d) 5 (vii) REGARDING
LEASING OF SURPLUS MUNICIPAL REAL PROPERTY;
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. It is hereby proposed that Subsection (d) 5 (vii) of Section 2.01 of
the City Charter be amended as follows:
Sec. 2.01. Commission; composition; powers.
(d) Limitations. The legislative power provided herein shall have the fOllaNing
limitations:
5. Real Property.
* * * * *
(vii) The oommissiofl- may 103s9 municipal real property for Rve yaar& or 10GG
without declaring it surplus. Municipal real proporty declared ~"'rpllJ& may
be loosed for a term up to 30 years, providod, howover, nothing hareiA
sh:J1I preclude ronow::lI of ::lny lease for a m3ximum of 30 yeor&. MlInicipal
property docl3red surplu& m:lY be loased for 3n initial period of time or 3
reno':.f31 period oxceeding 30 Y03f&, i& opproved ::It r{)farendum, but flot to
excood 60 ye:u& total. Leases of real property in an industrial park shall
provide for continual use for private/public business purposes, shall
provide a reasonable rate of return on the city's investment, and shall
include a rent escalation clause.
Section 2. A referendum election is hereby called and will be held on March 14,
2000, at a special city election to be held in conjunction with the Presidential preference
primary; for the consideration of the voters of the City of Clearwater for the proposed
charter amendment. The question to appear on the referendum ballot reflecting the
proposed amendment to the charter at the special municipal election scheduled for
March 14,2000, shall be as follows:
Ordinance No. 6482-00
- .,
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~o
LEASE OF MUNICIPAL REAL PROPERTY
Shall Section 2.01(d) 5 (vii) of the City Charter be amended as provided in
Ordinance 6482-00 to remove the limitations on the number of years that
the City Commission may lease surplus municipal real property?
YES
NO
For amendment to City Charter
Against amendment to City Charter
Section 5. The City Clerk is directed to notify the Pinellas County Supervisor
of Elections that the referendum item provided above shall be considered at the special
election to be held on March 14, 2000, to be held in conjunction with the Presidential
preference primary
Section 6. This ordinance shall take effect immediately upon adoption. The
amendments to the City Charter provided for herein shall take effect only upon approval
of a majority of the City electors voting at the referendum election on these issues and
upon the filing of the Amended Charter with the Secretary of State.
PASSED ON FIRST READING
December 9, 1999
PASSED ON SECOND AND FINAL
READING AND ADOPTED
January 20, 2000
RE-ADOPTED
Brian J. Aungst, Mayor-Commissioner
Approved as to form:
mtAkin. City Attorney
Attest:
Cynthia E. Goudeau, City Clerk
2
Ordinance No. 6482-00
d 'rl,LR
ORDINANCE NO. 6483-00
~
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE
LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY
LOCATED ON THE SOUTHS I DE OF DRUID ROAD BETWEEN
SOUTH MYRTLE AVENUE AND PROSPECT AVENUE,
CONSISTING OF LOTS 4 AND 5, BLOCK 40, MAGNOLIA PARK
SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 809
DRUID ROAD, FROM RESIDENTIAL URBAN TO
RESIDENTIAUOFFICE LIMITED; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City's comprehensive plan; now, therefore.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property as follows:
Property
Land Use CateQorv
Lots 4 and 5, Block 40, Magnolia
Park Subdivision, according to the Plat thereof
as recorded in Plat Book 3, Page 43, Public
Records of Pinellas County, Florida.
From: Residential Urban
To: Residential/Office Limited
(LUZ 99-08-03)
. Section 2. The City Commission does hereby certify that this ordinance is consistent
with the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, subject to the
approval of the land use designation by the Pinellas County Board of County Commissioners,
and subject to a determination by the State of Florida, as appropriate, of compliance with the
applicable requirements of the Local Government Comprehensive Planning and Land
Development Regulation Act, pursuant to S 163.3189, Florida Statutes. The Administrator of
Planning and Development Services is authorized to transmit to the Pinellas County Planning
Council an application to amend the Countywide Plan in order to achieve consistency with the
Future Land Use Plan Element of the City's Comprehensive Plan as amended by this
ordinance.
PASSED ON FIRST READING
December 9, 1999
Ordinance No. 6483-00
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PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst ,Mayor-Commissioner
Attest:
Leslie Dougall- i s
Assistant City A omey
Cynthia E. Goudeau
City Clerk
Ordinance No. 6483-00
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COUNTYWIDE FUTURE LAND USE PLAN MAP
OWNER:
STEPHEN WA TTS.
611 DRUID ROAD
CLEARWA TER, FL.
LAND USE PLAN
RU
RIOL
FROM:
TO:
ATLAS PAGE:
296A
P.A.
LUZ:
99-08-03
33756
PROPERTY DESCRIPTION:
809 DRUID ROAD,
BLOCK 40, MAGNOLIA PARK
PROPERTY SIZE ACRES:
LOTS
4
& 5.
SUBDIVISION
.34
ZONING
LMDR
OFFI CE
Rleht-of-".,.:
SEC: 15 TWP: 29S
ACRES:
RANGE: 15E
COMMUNITY DEVELOPMENT BOARD OCTOBER 19, 1999
CITY COMMISSION:
NOVEMBER 18,1999
FILE Lu 99 - 03
Prepared by: EA- Public Works Administrot;c1
"....rl-l........~"... 'T~ filtR1_()()
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d..~K
ORDINANCE NO. 6484-00
~d--
. .
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY REZONING
CERTAIN PROPERTY LOCATED ON THE SOUTHSIDE OF
DRUID ROAD, BETWEEN, SOUTH MYRTLE AVENUE AND
PROSPECT AVENUE, CONSISTING OF LOTS 4 AND 5,
MAGNOLIA PARK SUBDIVISION, WHOSE POST OFFICE
ADDRESS IS 809 DRUID ROAD, FROM SINGLE-FAMILY
RESIDENTIAL TO OFFICE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the zoning atlas of the City as set forth in this ordinance is
found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive
Plan; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and
the zoning atlas of the City is amended as follows:
Property
Zoning District
Lots 4 and 5, Magnolia Park Subdivision, according
to the Plat thereof as recorded in Plat Book 3,
Page 43, Public Records of Pinellas County, Florida
From: Low Medium Density
Residential (LMDR)
To: Office
(LUZ 99-08-03 )
Section 2. The Planning and Development Services Administrator is directed to revise the
zoning atlas of the City in accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, subject to the
approval of the land use designation set forth in Ordinance 6483-00 by the Pine lias County Board
of County Commissioners, and subject to a determination by the State of Florida, as appropriate,
of compliance with the applicable requirements of the Local Government Comprehensive
Planning and Land Development Regulation Act, pursuant to S 163.3189, Florida Statutes.
PASSED ON FIRST READING
December 9, 1999
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Cynthia E. Goudeau .
City Clerk
Leslie K. Dougall-Side
Assistant City Attorney
Ordinance No. 6484-00
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PROPOSED REZONING AND LAND USE PLAN AMENDMENT
OWNER:
STEPHEN WA TTS, P.A.
611 DRUiD ROAD
CLEARWA TERI F~. 33756
99-08-03
LUZ:
PROPERTY DESCRIPTION:
809 DRUID ROAD. LOTS 4 & 5.
BLOCK 40, MAGN aLIA P ARK SUBDIVISION
PROPERTY SIZE ACRES: .34
FROM:
TO:
LAND USE PLAN
RU
R/OL
ZONING
LMDR
OFFICE
Rleht-or-wIY:
SEC: 15 TWP: 29S
ACRES:
RANGE: 15E
ATLAS PAGE: 296A
COMMUNITY DEVELOPMENT BOARD OCTOBER 19, 1999 CITY COMMISSION:
NOVEMBER 18 1999
I
Ordinance No. 6484-00
FILE Lu 99-0.3
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'd-.'AdR.
ORDINANCE NO. 6485-00
~3
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED
APPROXIMATELY 390 FEET NORTH OF SOUTH LAGOON
CI RCLE AND 100 FEET WEST OF RAGLAND AVENUE,
CONSISTING OF LOT 39, CLEARWATER MANOR IN SECTION
6, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST
OFFICE ADDRESS IS 1735 WEST MANOR AVENUE, INTO THE
CORPORATE LIMITS OF THE CITY, AND REDEFINING THE
BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable
requirements of Florida law in connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
Lot 39, Clearwater Manor, according to the map or plat thereof as recorded in Plat
Book 41, Page 66, Public Records of Pinellas County, Florida.
(ANX 99-10-21 )
Section 2. The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan. The City Commission hereby accepts the
dedication of all easements. parks, rights-of-way and other dedications to the public which have
heretofore been made by plat, deed or user within the annexed property. The City Engineer, the
City Clerk and the Planning and Development Services Administrator are directed to include and
show the property described herein upon the official maps and records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk
shall file certified copies of this ordinance. including the map attached hereto, with the Clerk of the
Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after
adoption, and shall file a certified copy with the Florida Department of State within 30 days after
adoption.
PASSED ON FIRST READING
January 20, 2000
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No. 6485-00
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PROPOSED ANNEXATION AND ZONING CLASSIFICA TION
OWNER:
Nabil F, Yousef & Nadia
1735 'Nest Menor Ave.
Clearwater, FI.
z. Yousef I
I
ANX:
Anx99-10-21
PROPERTY DESCRIPTION:
Lot 39, C! earwa ter M anar
FROM:
TO:
LAND USE PLAN
Residential Low
Residen ticl Low
ZONING
R-3
LMDR
PROPERTY SIZE ACRES:
Ihht-of-".y: N / A
SEC: 6 TWP: 295
0.1567
ACRES: N/A
RANGE: 16E
ATLAS PAGE:263A
COMMUNITY DEVELOPMENT BOARD: Decemoer 14. 1999 I CITY COMMISSION: Jcnuary 20. 2cao
File No. 99-2i,dwg
Pres-cree bIt :A- Pu:;;r:: 'Ncr<s :'-~r-:r.is:rG::cr
Ordinnnce 6485-00
Exhibi t "A"
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ORDINANCE NO. 6486-00
')MR.
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE
LAND USE FOR CERTAIN REAL PROPERTY LOCATED
APPROXIMATELY 390 FEET NORTH OF SOUTH LAGOON
CIRCLE AND 100 FEET WEST OF RAGLAND AVENUE,
CONSISTING OF LOT 39, CLEARWATER MANOR IN SECTION 6
TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST
OFFICE ADDRESS IS 1735 WEST MANOR AVENUE. UPON
ANNEXATION fNTO THE CITY OF CLEARWATER, AS
RESIDENTIAL LOW; PROVIDING AN EFFECTIVE DATE.
'~Lf
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property, upon annexation into the City of Clearwater, as follows:
Property
Lot 39, Clearwater Manor, according to the map
Or plat thereof as recorded in Plat Book 41, page
66, Public Records of Pinellas County, Florida
(ANX 99-10-21 )
Land Use Cateaorv
Residential Low
Section 2. The City Commission does hereby certify that this ordinance is consistent
with the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 6485-00 subject to the approval of the land use
designation by the Pinellas County Board of County Commissioners, and subject to a
determination by the State of Florida, as appropriate, of compliance with the applicable
requirements of the Local Government Comprehensive Planning and Land Development
Regulation Act, pursuant to S 163.3189, Florida Statutes.
PASSED ON FIRST READING
January 20, 2000
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No. 6486-00
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PROPOSED ANNEXATION AND ZONING CLASSIFICATION
OWNER:
Ncbil F. Yousef & Nadia
17.35 West Manor Ave.
CI earwa te~, FI.
Z. Yousef ANX: Anx99-10-21
PROPERTY DESCRIPTION:
Lot 39, Clearwater Menor
FROM:
TO:
LAN D USE PLAN
Residential Low
R esiden tial Low
ZONING
R-j
LMDR
PROPERTY SIZE ACRES:
RIEht-or-wa,.: N/ A
SEC: 6 TWP: 29S
9.1567
ACRES: N/A
RANGE: 16E
ATLAS PAGE:26.3A
COMPflUNITY DEVELOPMENT BOAID:December 14. 1999 CITY COMMISSION: January 20.2000
File No. 99-21.dwg
pr~Dcrec :'1' ,:A- Public Wc"<s ACf""'i"is:rc:icr
Ordinance No. 6486-00
11II.11 ill
--
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ORDINANCE NO. 6487-00
~5
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED APPROXIMATELY 390
FEET NORTH OF SOUTH LAGOON CIRCLE AND 100 FEET
WEST OF RAGLAND AVENUE, CONSISTING OF LOT 39,
CLEARWATER MANOR IN SECTION 6 TOWNSHIP 29 SOUTH,
RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 1735
WEST MANOR AVENUE, UPON ANNEXATION INTO THE CITY
OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL
(LMDR); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this ordinance
is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive
plan; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is hereby
zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is
amended, as follows:
Property
Lot 39, Clearwater Manor, according to the map
Thereof as recorded in Plat Book 41, page 66,
Public Records of Pinel/as County, Florida
(ANX 99-10-21)
ZoninQ District
Low Medium Density Residential
(LMDR)
Section 2. The Planning and Development Services Administrator is directed to revise the
zoning atlas of the City in accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 6485-00.
PASSED ON FIRST READING
January 20, 2000
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No. 6487-00
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PROPOSED ANNEXATION AND ZONING CLASSIFICATION
OWNER:
Nabil F. Yousef & Nadia
1735 Wes t Manor Ave.
Clearwater, FI.
Z. Yousef ANX:
Anx99-iO-21
PROPERTY DESCRIPTION:
Lot 39, Clearwater Manor
FROM:
TO:
LAND USE PLAN
Residential Low
Residential Low
ZONING
R-j
LMOR
PROPERTY SIZE ACRES:
Rilbt-of-wIY: N/ A
SEe: 6 TW P: 295
'.1567
ACRES:N/A
RANGE: 16E
ATLAS PAGE:26JA
COMMUNITY DEVELOPMENT BOAKD: Oe':ember 14. 1999 I CITY COMMISSION: Jcnucry 20. 20CO
File No. 99-21,dwg
PreDcred ~'( ~,.\ - Pubi:c Wor....s Acr-i'1;strc::c"
Ordinance No. 6487-00
. . . .' 1<:" I ," , ' "'.. I', '!' ,j ", '",' .... '.,
'JYldf<..
ORDINANCE NO. 6492-00
~~
"
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE
LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY
LOCATED ON THE SOUTH SIDE OF GULF TO BAY
BOULEVARD BETWEEN OLD COACHMAN ROAD AND
BELCHER ROAD, CONSISTING OF A PORTION OF SECTION
18, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST
OFFICE ADDRESS IS 2463 GULF TO BAY BOULEVARD FROM
RESIDENTIAL LOW MEDIUM TO COMMERCIAL GENERAL;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property as follows:
Property
See legal description attached hereto as
Exhibit "A"
. (LUZ 99-10-04
Land Use CateQorv
From: Residential Low Medium
To: Commercial General
Section 2. The City Commission does hereby certify that this ordinance is consistent
with the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, subject to the
approval of the land use designation by the Pinellas County Board of County Commissioners,
and subject to a determination by the State of Florida, as appropriate, of compliance with the
applicable requirements of the Local Government Comprehensive Planning and Land
Development Regulation Act, pursuant to 9 163.3189, Florida Statutes. The Administrator of
Planning and Development Services is authorized to transmit to the Pinellas County Planning
Council an application to amend the Countywide Plan in order to achieve consistency with the
Future Land Use Plan Element of the City's Comprehensive Plan as amended by this
ordinance.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
January 20, 2000
Brian J. Aungst
Mayor-Commissioner
Attest:
Leslie Dougall-Sid s
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 6492-00
"".,,',4;,.,
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EXHI BIT "A"
The north 330 feet ot the east 1/2 of the west 1/2 of the east 3/4 ot the northwest 1/4 ot Section 18,
Township 29 south, Range 16 east, Pinellas County, Florida, less the north 50 feet thereot tor right-ot-
way and more particularly described as tollows:
From the center of Section 18, Township 29 south, Range 15 east, run thence S 89040'55" E, along the
easUwest centerline of said Section 18, also being the centerline of the right-ot-way for Gulf to Bay
Boulevard, (a/k1a State Road 60), 744.10 feet; thence S 01000'53" W, 50.00 feet to a point on the
southerly right-of-way of said Gulf to Bay Boulevard, also being the point of beginning; thence continue
S 01000'53" W, 280.00 feet; thence N 89041'02" W, 250.20 feet; thence N 01000'35" E, 280.00 feet to a
point on the southerly right-of-way to Gulf to Bay Boulevard; thence along said southerly right-of-way,
S 89041'01"E, 250.23 feet to the point of beginning, containing 70,054.7 square feet or 1.6 acres more
or less.
Ordinance No. 6492-00
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PROPOSED REZONING AND LAND USE PLAN AMENDMENT
FaOM:
TO:
SUNNY GROVE MHP, INC.
2463 GULF-TO-BAY BLVD
CLEARWATER. FL. 33765
LAND USE PLAN ZONING
RLM MHP
CG C
ATLAS PAGE:
2998
LUZ: 99-10-04
PROPERTY DESCRIPTION:
NORTH 280' OF SUNNY GROVE
MOBILE HOME PARK (SEE ATTACHMENT)
PKOPERTY SIZE ACRES: 1.61
Rllht-of-way: N/A ACRES: N/A
SIC: 18 TWP: 295 RANGI: 16E
OV.YNEJl:
ADDRESS:
COMMUNITY DEVELOPMENT ROAlD DECEMBER 14. 1999 CITY COMMISSION:
JANUARY 20, 2000
F~e No. Lu99-04.dwg
Prepared by: EA- Public Works Administration
Ordinance No. 6492-00
, ., . .' I ~. ,,.., . . " l..~ .... " , . ~'. ,
'd. ~~ r<. .
ORDINANCE NO. 6493-00
~7
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY REZONING
CERTAIN PROPERlY LOCATED ON THE SOUTH SIDE OF
GULF TO BAY BOULEVARD BETWEEN OLD COACHMAN ROAD
AND BELCHER ROAD CONSISTING OF A PORTION OF
SECTION 18, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE
POST OFFICE ADDRESS IS 2463 GULF TO BAY BOULEVARD,
FROM MOBILE HOME PARK (MHP) TO COMMERCIAL (C);
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the zoning atlas of the City as set forth in this ordinance is
found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive
Plan; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and
the zoning atlas of the City is amended as follows:
Property
See legal description attached hereto as
Exhibit "A"
Zonina District
From: Mobile Home Park (MHP)
(LUZ 99-10..04
To: Commercial (C)
Section 2. The Planning and Development Services Administrator is directed to revise the
zoning atlas of the City in accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, subject to the
approval of the land use designation set forth in Ordinance 6492-00 by the Pinellas County Board
of County Commissioners, and subject to a determination by the State of Florida, as appropriate,
of compliance with the applicable requirements of the Local Government Comprehensive
Planning and Land Development Regulation Act, pursuant to 9163.3189, Florida Statutes.
PASSED ON FIRST READING
January 20, 2000
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Leslie K. Dougall- i e
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 6493-00
."'.'1_..'
" .. ~;.'" ,.., 1< <; ;:.1 >
~7
EXHIBIT "A"
The north 330 feet of the east 1/2 of the west 1/2 of the east 3/4 of the northwest 1/4 of Section 18,
Township 29 south, Range 16 east, Pinellas County, Florida, less the north 50 feet thereof for right-of-
way and more particularly described as follows:
From the center of Section 18, Township 29 south, Range 15 east, run thence S 89040'55" E, along the
easUwest centerline of said Section 18, also being the centerline of the right-at-way for Gulf to Bay
Boulevard, (a/k1a State Road 60), 744.10 feet; thence S 01000'53" W, 50.00 feet to a point on the
southerly right-of-way of said Gulf to Bay Boulevard, also being the point of beginning; thence continue
S 01000'53" W, 280.00 feet; thence N 89041'02" W, 250.20 feet; thence N 01000'35" E, 280.00 feet to a
point on the southerly right-of-way to Gulf to Bay Boulevard; thence along said southerly right-ot-way,
S 89041'01"E, 250.23 feet to the point of beginning, containing 70,054.7 square feet or 1.6 acres more
or less.
Ordinance No. 6493-00
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PROPOSED REZONING AND LAND USE PLAN AMENDMENT
OWNER:
ADDRESS:
SUNNY GROVE MHP, INC.
2463 GULF-TO-BAY BLVD
CLEARWA TER, FL. 33765
LAND USE PLAN ZONING
RLM MHP
CG C
FROM:
TO:
ATLAS PAGE:
299B
LUZ: 99-1,0-04
PROPEI.TY DESCRIPTION:
NORTH 280' OF SUNNY GROVE
MOBILE HOME PARK (SEE ATTACHMENT)
PROPEl. TY SIZE AC:RES: 1 .61
IUlht-or-way: N/A ACRES: N/A
SEC: 18 TWP: 29S tANGl: 16E
COMMUNITY DEVELOPMENT BOAID DECEMBER 14. 1999 CITY COMMISSION:
JANUARY 20, 2000
Fne No. Lu99-04.dwg
Prepared by: EA- Public Works Administration
Ordinance No. 6493-00
. .
, .... ., . \. ' ,I ... ", ~f ,/ \ ' 1M. \
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'~:'<:, ::.'~': ....', ':' ',.;,,' ,;:<,-".'.:"""",'~~::';:""U"~.:. -:. - "_:- .
~~ . .
Item #28
"
~07g
,e,a..clo p-t-
ORDINANCE NO. 6494-00
~~
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO THE EMPLOYEES PENSION PLAN; AMENDING
SECTION 2.393, CODE OF ORDINANCES, TO AMEND OR DELETE
DEFINITIONS; AMENDING SECTION 2.397, CODE OF ORDINANCES,
TO AMEND BENEFITS UNDER THE PLAN; PROVIDING FOR A
REFERENDUM ELECTION RELATING TO THE PENSION PLAN;
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 2.393, Code of Ordinances, is amended to read:
Sec. 2.393. Definitions.
* * * * . *
A verage Monthly Compensation shall mean the monthly Compensotion 9f 3
P::utioip:lnt 3voragod Oller hit last 6 conseoutive Yoars of Credited Servioo. If 3
PartiGipant h3~ less than 5 ooosocuti'lo Ye::u& of Credited Servico, his Aver3go Monthly
Cempenc3tion will be b3sed on his monthly Compensation during his months of ssrvioe
beginning with the d3te he commoncos participation in tho Plan to his date> of
termination of employmont. For purpoEos of determining a P::uticip3nt's maximum
benefit ae requirod by Section 415 of the Intern31 Rovenue Coda, a P:lrticip:Jnt's
"/\\'orage Monthly Compenc3tionlt sh311 mean the SaclioR 415 Compensation reoeivad
by a P3rticip3nt during tho throe (3) oonsocLlti'lo Limitation Y03rs ':lith respoct te whioh
the Partioip3nt r~ooiyo& tho highest Soction 416 Compons3tion, di'.'idad by 36 (~r, if
lo&s, the 3ggrog3te number of his months of omployment) one-twelfth of the average
Compensation of the 5 best years of the last 10 Years of Credited SelVice prior to
retirement. termination. or death. or the career average as a full-time Particioant.
whichever is greater. A year shall be 12 consecutive months.
* * * . * *
Compensation:
(1) Compensation shalt mean tJ:le regular &313rios, wageE, o\'ortime P:lY,
loave pay (oxcept ..-"hen fJ3id in a lump sum upon retiroment benefit), bonuses paid by
the Employer (provided the Employeo contribution rate is applied thereto), Employoo
contributions designated 3S Employor contributions undor Seotion 414 (h) of the Intemal
Revenue Codo. 3nd employee salary reduction Gontributions made pursuant to an
orr:lngement doscribed in Soction 125 of the Intern:ll Rovenue Coda, compons:ltion
doferF8d under Soction 457(b) of tho Internal Revonue Code, indemnity benafit6
received pursuant to tho 'Aforkers' Compensation L:lw, incontive pay for polico and
firefighters, 3sEignment pay, acting pay, 3Ad shift differential pay but shall not inolude
clothing, car or meal 01l0w3nces, disability p:lymentc, lump sum payments of 3ccruod
Ordinance 6494-00
~~
siok 103'10 paid UPOR retirement, F8looatioA &XP9R&e paYFn9Rts, banafit& under this Plan,
any amol:lnt oontributed to any pension, employoe '.valfare, life insuFanoo or health
ineuranoe plnn or arrangement, or any other fringe benefits, 'A(elbre benefits or
Employor paid doferrild oomponsotion the total compensation for services rendered to
the City as a Participant reportable on the Participant's W-2 form. including indemnity
benefits received pursuant to the workers' compensation law. plus all tax deferred. tax
sheltered. or tax exemot items of income derived from elective employee Dayroll
deductions or salary reductions. but excluding lump sum leave pay paid upon
retirement. lump sum payments of accrued sick leave paid upon retirement. pay for off-
duty employment. clothing. car. or meal allowances. relocation expense payments.
benefits under this plan. any amount contributed to any pension. employee welfare. life
insurance or health insurance plan or arrangement. or any other fringe benefits. welfare
benefits. or employer oaid deferred compensation. Compensation in excess of the
limitations set forth in Section 401 (a1!.1Z) of the Code shall be disregarded. The
limitation on compensation for an "eligible emolovee" shall not be less than the amount
which was allowed to be taken into account hereunder as in effect on July 1. 1993.
"Eligible emplovee" is an individual who was a Participant before the first plan year
beginning after December 31. 1995.
* * * * * *
Early Retirement 03tO ~h~1I mo:]n the d::lte on which 3 Particip:]nt hac r~achod
tho ago of 65 years and comploted 10 Years of Crodited Servico.
* * * * * *
Nonnal Retirement Date shall mean
(1) The earlier of:
a. the date on which a Participant has reached the age of 55
years and completed 20 Years of Credited Service,
b. the date on which a Participant has completed 30 Years of
Credited Service regardless of age,
c. the date on which a Participant has reached the age of 65
years and completed 10 Years of Credited Service. or
00. the date on which a Participant has completed 20 Years of
Credited Service, which service is of a character or type of employment
that is descl;bed below as "hazardous duty" or that the Trustees have
designated as hazardous duty.
(2) For this purpose, a Participant's service shall be deemed "hazardous
duty" if the Participant is a full-time sworn police officer certified in
2
Ordinance No. 6494-00
d.-'iS
accordance with Section 943.1395, Florida Statutes, or a full-time
firefighter certified in accordance with Section 633.35, Florida Statutes,
and he is employed in police or fire positions as established by the
Employer.
Section 2..:. Section 2.397, Code of Ordinances, is amended to delete subsection
(b), to reletter the current subsections (c), (d) and (e) as subsections (b), (c) and (d),
respectively, to add a new subsection (f) and to reletter the current subsection (1) as (g)
as follows:
Sec. 2.397. Benefits under the plan.
* * * * * n
(b} E3rly 8etiremont BORefit.
f1i ^ P3rticip:mt Sh311 be entitled to retire from tho employ of hie Employor
lIpon 6uch Participant'e Early Rotirement Data.
(2) Upon reaching his Early Retiremont Dato, the P:utioipant shall be fully
\fasted in hie Accruod 8enofit and chall be entitled to receive, at the time 3nd in the
manner do&cribod in Section 2.398, his early retirement bonefit.
(3) A P:uticipant'& o::uly retiroment booofit choU be doterminod in acoor<t:lnoe
with the pr{)'1isions of par:Jgrnph (:1) 3bovo, and tho :amount of 8u()h benefit shall be
reduced to the AotU~lfi31 Equivalent of the benofit othoFWisB payable under pOf:Jgf:.ph
(0) abot.(8.
(4) If:l P3rticipant Gopar:ltes from servico before &ati&fying tho :lge
requirement for early retirement, but ha& saticfiod tho &CIVice requir{)ment, the
Pafticip:lnt will be ontitled te 3n oarly retirement bonefit upon satisfaction of &uoh ::Ige
mqllirement,:,
* * * * * *
m Cost-af-Living Adiustment.
Commencing on April 1. 2000. the monthly amount payable to all Participants.
beneficiaries and survivors who have received at least 6 monthly benefit payments as
of each April 1. shall receive an annual cost-of-Iiving adiustment on each April 1 equal
to 1.5%.
. 'I\' * * * .
Section 3. If any provision of this ordinance or any policy or order thereunder of
the application of such provision to any person or circumstances shall be held invalid,
the remainder of this ordinance and the application of such provision of this ordinance
or of such policy or order to persons or circumstances other than those to which it is
held invalid shall not be affected thereby.
3
Ordinance No. 6494-00
,'___~__ '~'... '.. .'~' "{ '. . -..' j\c....~;.', \f.' ~:~ ' I J ~:, I-"_"~' "'" ::;
~~
Section .4. A special election for the purpose of voting on this proposed
ordinance as set forth shall be conducted on March 14,2000.
Section 5. The question to appear on the Referendum Ballot shall be as follows:
Pension Plan Amendments
Shall the City of Clearwater Employees Pension Fund be amended to:
provide for an annual cost of living adjustment of 1.50/0 for past and future
retirees; change the benefit calculation period to the highest five years of
the last ten years of pay; allow employees age 65 with 10 years of service
to retire with a normal benefit; revise the definition of compensation, all as
provided in Ordinance No. 6494-00?
YES
For amendment to Employees Pension Fund
NO
Against amendment to Employees Pension
Fund
Section 6. The funds contained in or authorized by the Pension Fund adopted
by Ordinance No. 1832 as subsequently amended shall be applied in furtherance of the
contributions and disbursements authorized pursuant to this ordinance, and the rights,
duties and obligations provided in this ordinance shall apply to any fund subject to the
provisions of this ordinance; provided, however, that the preconditions set forth in
Section 7 relating to this ordinance becoming effective had been complied with.
Section 7. This ordinance shall take effect immediately upon adoption. The
amendments to the Pension Plan provided for herein shall take effect only upon
approval of a majority of the City electors voting at the referendum election on these
issues and upon the filing of the Amended Charter with the Secretary of State.
PASSED ON FIRST READING
December 9, 1999
PASSED ON SECOND AND FINAL
READING AND ADOPTED
January 20, 2000
RE-ADOPTED
Brian J. Aungst, Mayor-Commissioner
Approved as to form:
Attest:
lLl
Pamela K. Akin, City Attorney
Cynthia E. Goudeau, City Clerk
Ordinance 6494-00
?\'\~ R.
~9
ORDINANCE NO. 6498-00
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO OCCUPATIONAL LICENSE FEES; AMENDING
APPENDIX A, SCHEDULE OF FEES, RATES AND CHARGES
BY 5% INCREASE IN FEES AND AMENDING THE
ADMINISTRATIVE FEE CHARGES; PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMlVllSSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. Appendix A, Code of Ordinances, is amended to read:
Al)PENDIX A-SCHEDULE OF FEES, RATES AND CHARGES
* * * * * *
XXVIII. OCCUPATIONAL LICENSE FEES:
Category No.
001.000
002.000
003.000
003.010
003.020
003.030
003.040
003.050
003.070
003.080
003.090
004.000
005.000
005.010
005.020
005.030
005.040
005.050
Category
Fee
ABSTRACT OR TITLE COMPANIES ............................................ $21 O.QQ 220.50
ADMINISTRATIVE OFFICE...... ............. ............................................ 78. 75 82.50
ADVERTISING OR MARKETING
Agency, general.................... ........................ ... .... ............................ 57. 7 5 60.50
Coupon book publisher or distributor (See note B) ....................... 105.00 110.00
Directory or guidebook publisher ................................................... 105.00 110.00
Handbill or sample distributor.. ........................ ................................ 57. 75 60.50
Soliciting for publication not listed in city ....................................... 17.25 49.50
Outdoor signs, advertising for other than
the business on the premises............................................................. 57.75 60.50
Welcome or greeting service ............................................................ 52.50 55.00
Trade inducement business, NOC .............................................. "'. 115.50 121.25
ADULT ENTERTAINMENT ESTABLISHMENT (See note B;
See Chapter 41, Article V) .... ......... ..................... .... ........... ................. 1050. 001102.50
AGENT OR AGENCY (See also brokers):
Book or magazine ...n............. ........ ............. ....... .... ................. ........... 17.25 49.50
Claim or collection (see note B)......... ............. ......... ............. ......... 115.50 121.25
Credit reporting and mercantile ........................................................ 68.25 71.50
Employment. ..... ...... ....... .......... .................. ...... ......................... ........ 68.25 71.50
Manufacturers/sales representative, NOC ........................................ 47.25 49.50
Ordinance 6498-00
005.060
005.070
005.080
005.090
006.000
006.010
006.020
006.030
006.040
006.050
006.060
007.000
008.000
009.000
010.000
010.010
010.030
011.000
012.000
013.000
014.000
014.010
015.000
016.000
016.010
016.020
016.030
016.031
016.040
016.050
016.051
016.052
2
Private detective or company (See note B) .................................... 115.50 121.25
Property management or leasing ...................................................... 57.75 60.50
Talent (see note D)............................................................................ 68.25 71.50
Travel (see note D)... ................. ....... .............. .............. .......... ........... 78. 75 82.50
AIRCRAFT (See note B; requires Engineering Dept. approval):
Charter or rental.............................................................................. 115.50 121.25
Flying instruction ................... .......... ....... ....... .......................... ....... 115.50 121.25
Passenger service...... ...... ........ ............. ........... ................................ 115.50 121.25
Sales, new or used........................................................................... 115.50 121.25
Servicing ......................................................................................... 115.50 121.25
Storage, field or hangar .......... ................. .............................. .......... 115.50 121.25
AIRPORT (see note B) ......................................................................... 236.25 248.00
ALARM SYSTEivl BUSINESS, FIRE, BURGLARY, MEDICAL
MONITORING (see note B) ............................................ ............. ......... 57. 75 60.50
AMBULANCE SERVICE (See article III of chapter 25) ..................... 57. 75 60.50
Plus per vehicle............................... ............................ ...................... 21..00 22.00
ANIMALS
Kennel..... ........................ ......... ...................... ..... .................. ............ 57. 75 60.50
Groomer. ................. ............ ............. .......... .... ...... ....... .... ............ ...... 17.25 49.50
APPRAISER (See note D for Real Estate)....................... ...................... e&.25 71.50
ARMORED CAR SERVICE (See note B) ............................................ 57. 75 60.50
Plus per vehicle ................................................................................. 21.00 22.00
AR TIS1' . ...... ..... ........ ......... ............... ................ ........................... ...... ...... -78. 7 5 82.50
AUCTIONEER (see notes B and D) .................................................... 231.00242.50
Auction gallery (See notes B and D) .............................................. 708. 75 744.00
AUDITOR... ......................................................... ...... .......... ................... 73.50 77.00
AUTOMOTIVE:
Dealership - Sale of new and used vehicles ................................... 120.00441.00
Dealer - Sale of only used motor vehicles...................................... 315.00 330.75
Garage - General repairs or replacements
(See note D), for 10 bays or less................................................. 7&.75 82.50
For each additional bay............. .......... .... ................. ......... .......... 10.50 li. 00
Rental - Autos, trucks, recreational vehicles ................. ...... ........... 157.50 165.25
Parking lot, permanent or temporary
1-10 spaces......................... .................... ..................................... 26.25 27.50
11-50 spaces ..................................... ........ ..... .................... .......... 36. 7 5 38.50
Ordinance 6498-00
. ' . '4' I \~!,"', I \, ' -, I, . '. '.. ' ,I ,,' '. " . . . ~,l ,I t '.' ~..' ,:. : ,I" ,.'" . 1 . ~.
016.053
016.060
016.061
016.062
016.070
016.080
016.090
017.000
018.000
019.000
019.010
020.000
021. 000
021.010
022.000
022.010
023.000
023.010
023.020
023.030
023.040
023.041
024.000
024.010
024.020
024.030
024.040
024.050
024.060
025.000
026.000
027.000
027.010
3
Over 50 spaces ............................................................................ 78.75 82.50
Storage
1-50 Spaces ................................................................................. 57.75 60.50
Over 50. spaces. .............. ........................................................... 115.50 121.25
Washing and polishing.. ...... ............ ..................... ......... ................... 26.25 27.50
\Vrecker or towing service ...... .............. .... .................... .................... 17.25 49.50
Service station, per fuel pump .......................................................... 26.25 27.50
BAIT DEALER.. ....... ...... .......... ...................... ......... ........... ........ ............ 36.75 38.50
BAKERY GOODS, RETAIL ....... .......................................................... 57.75 60.50
BANKS (including savings and loan associations)
for each bank location main or branch.................................................. 262.50 275.50
Automatic teller machines .............................................................. ~ 110.25
BARTENDER, FREE LANCE .............................................................. 52.50 55.00
BATHHOUSE (see chapter 9 division III)............................................. 26.25 27.50
Technician ... .... ........................ .............. ...... ...... ............... ................. 57.75 60.50
BEAUTYSALONffiARBERSHOP
NAIL SALON, TANNING SALON...................................................... 42.00 44.00
Plus, for each chair or booth (see note D) ........................................ 10.50 11.00
Manicurist (see note D)....... ............... ............ .......................... ......... 26.2.5- 27.50
BOATS AND BOAT TRAILERS:
Dealer .............................................................................................. 105.00 110.25
Repairs and service ... .......... ......................................... ............. ........ 63.00 66.00
Rental (needs Harbormaster approval) ............. ................................ 36.75 38.50
Storage............ ................................. .................................................. 78.75 82.50
Washing and Polishing .......... ......... .................. ................................ 26.25 27.50
BOATS, PASSENGER: (needs Harbonnaster approval)
1-15 passengers................... .............................................................. '12.00 44.00
16-25 passengers ........... ......... ......... ............................. .......... ........... 57.75 60.50
26-50 passengers ....... ...... .......... ................................... ........... ..... ..... 68.25 71.50
51-100 passengers..... ......... .......... ..................... ........ ....... ................. 78.75 82.50
101- 300 passengers ................... ...... ..... ................... ......... ....... ........ 105.00 110.25
Over 300 passengers .... ...... ....... .................. ......... ....... ............ ........ 210.00 220.50
BOOKKEEPING SERVICE ....... ........................................................... 57.75 60.50
BROADCASTING, RADIO AND TELEVISION STATION
OR STUDIO.......................................................................................... .1-15.50 121.25
BROKER, each
Broker, mortgage (see note D).......................................................... 57.75 60.50
Ordinance 6498-00
. ':'r .... ,,.,. ~ "j," .\.~ ., ,,' t... .'~I'." ,',1' ,'.'1 'I .'~ "j .. :'.,.,.,'.' "
027.020
027.030
027.040
027.050
Broker, merchandise .......... .......... ...... .... ................. ........ ......... ......... 57.75 60.50
Broker, stocks, bonds, etc., dealer ..................................................173.25 181.75
Broker, stocks, bonds, etc., individuaL.......................................... 115.50 121.25
Broker, real estate (see note D)......................................................... 57.75 60.50
Plus for each additional salesperson.............................................. 26.:!5 27.50
028.000
BUSINESS ADVISORY SERVICES, NOC....................................... 115.50 121.25
029.000
(Reserved)
030.000
BUYERS CL DB .............. ................... .............. ......... .............. ............. 105.00 110.25
031.000
CATERER...... ........................ .... ..... .... ....... ............. ...... .... ....... ..... ..... ..... 57.75 60.50
032.000
CEMETERY/CREMATORIUM ......................................................... 210.00 220.50
033.000
033.010
033.020
033.030
CLEANING, PRESSING AND DYEING
Plant............................................................... .................................. 183.75 192.75
Branch/collection, each........................ ........ ........ ..................... ........ 57.75 60.50
Self service or hand laundry ............................:................................ 68.25 71.50
Plus, per machine............................................................................. 1.00
Carpet cleaning on-site .......... ................................ ...................... ..... 57.75 60.50
033.040
034.000
COIN AND/OR STAMP DEALER (see note B).................................. 57.75 60.50
035.000
035.010
035.020
035.030
035.040
035.050
035.060
COMMERCIAL RECREA TION/ENTERT AINMENT, NOC .......... 1:!0.00
Dealer or lessor of amusement machines ....................................... 115.50
Miniature golf ........................... ........... .................. ......... ............. ..... 57.75
Per game/machine/ride (excluding dealer) ....................................... 36.75
Entertainer (each) .... ................... ........... ........ ....... .............. .......... ..... 57.75
Skating rink, shuffleboard, archery range or golf course............... ~
Billiard parlor. ............... ...... ....... ........... ..... .......................... ............. ~s.G
Per additional table ......... ............... ................... .............. ............... 10.50
(Reserved)
Theaters, with up to 150 seats......................................................... 262.50
Theaters, with 150 or more seats .................. .................................. 577.50
035.070
035.080
035.081
036.000
CONSULTANT, NOC ........................................................................... 78.78
037.000
037.010
037.020
037.030
CONTRACTORS, GENERAL CONSTRUCTION:
Class "A" general (see note D) ....................................................... 262.50
Class "B" building (see note D) ........ ......... ............ .... ..................... 183.75
Class "C" residential (see note D) .................................................. 105.00
038.000
CONTRACTORS OR SUBCONTRACTORS (NOT GENERAL)
038.010
441.00
121.25
60.50
38.50
60.50
121.25
77.00
11.00
275.50
606.25
82.50
275.50
192.75
110.25
Acoustics ............................. .................................................... ................ 57.75 60.50
4
'"
\~ ,.'
<,
Ordinance 6498-00
"l<""~"J\\' ","'\, ':")il~"~"'" I~~" ',j',' 1.'/ ~ '\ "'" ,'.': ~"'. '. 1 { ., '.1.'" . _....::"..'~
038.020
038.021
038.022
038.030
038.040
038.050
038.060
038.070
038.080
038.090
038.100
038.110
038.120
038.130
038.140
038.150
038.160
038.170
038.180
038.190
038.200
038.210
038.220
038.230
038.240
038.250
038.260
038.270
038.280
038.290
038.300
038.310
038.320
038.330
038.340
038.350
038.360
038.370
038.380
038.390
038.400
038.410
038.420
038.430
038.440
038.450
038.460
038.4 70
Air conditioning contractor, Class A (See note D) ........................ 157.50 165.25
Air conditioning contractor, Class B (See note D)......................... 105.00 110.25
Air conditioning contractor, Class C (See note D)........................... =73.50 77.00
Alarm systems specialty (See note D).. ........ .................................... 57. 75 60.50
Aluminum (See note D).......................................... .......... ................ 57. 7 5 60.50
Awning, shades and blinds ............................................................... 17.:!5 49.50
Boiler.. .............................................................................. .... ............. 57. 7 5 60.50
Carpentry (See note D) ..................................................................... 57.75 60.50
Cabinetry and millwork........ ...... .... ....... ....... ......... .................. ......... 57. 7 5 60.50
Communication systems specialty (See note D) ............................. 57.75 60.50
Demolition, building (See note D) ................................................... 57.75 60.50
Dredging. ...................................................... ..................................... 57. 7 5 60.50
Drywall (See note D) .... ..................... ....................... ........ ................ 57. 7 5 60.50
Electrical (see note D)..................................................................... 157.50 165.25
Excavating, including filling, grading, and land clearing ................ 57.75 60.50
Elevator (See note D)........ ............. ................................... ....... ......... 57. 7 5 60.50
Exterminator (See note D) .......... .................. ................... .... ......... .... 57. 7 5 60.50
Fence erection (See note D).............................................................. 57.75 60.50
Fire sprinkler system, building (See note D).................................... 57.75 60.50
Flat work masonry specialty (See note D) ....................................... 57.75 60.50
Floor covering, laying, sanding, finishing.......:................................ 57.75 60.50
Gas, natural (See note D).................................................................. 57.75 60.50
Gas, liquid petroleunl (See note D) .................................................. 57.75 60.50
Garage door and operator installation (See note D) ......................... 57.75 60.50
Glass and glazing (See note D)......................................................... 57.75 60.50
Gurute and sandblasting .................................. ..................... ......... .... 57. 7 5 60.50
Hauling, trucking or moving ............................................................ 57.75 60.50
House-moving (FDOT).................. ....... .................................. .......... 57. 7 5 60.50
Installation, N OC .............................................................................. 57. 7 5 60.50
Insulation........................................................................................... 57. 7 5 60.50
hTigation systems specialty (See note D) ......................................... 57.75 60.50
Janitorial service.... ....... .................................................................... !j:f. 7 5 60.50
Landscaping/tree surgery .......................................... .......... ..... ......... 57. 7 5 60.50
Lawn, yard and garden care....... .................. .......................... ........... 36. 75 38.50
Low voltage systems specialty (See note D).................................... 57.75 60.50
Maintenance work (NOC) ..... ................................... ........................ .fH-ri!j. 60.50
NIarble setting includes tile (See note D) ......................................... 57.75 60.50
Ivlarine specialty (See note D) .. .......................................... .... ..... ..... 57. 75 60.50
Mechanical contractor (See note D) ............................................... 157.50 165.25
Mobile home setup specialty (See note D)....................................... 57.75 60.50
Ommnental iron work................... _................................................... 57. 7 5 60.50
Painting - including paperhanging (See note D) .............................. 57. 75 60.50
Paper-hanging (only) ........................................................................ 57. 7 5 60.50
Partitions, movable ......................................... .................................. 57. 75 60.50
Paving (See note D) .......................................................................... 57.75 60.50
Pile driving (See note D) .................................................................. 57.75 60.50
Pipeline (See note D) ......................................................................... 57.75 60.50
Plaster and stucco specialty (see note D).............. .................. ..... ..... 57. 7 5 60.50
5
Ordinance 6498-00
. ~ .",,-"-~'- _.;7';~.-:-~.<{--; :.~;:~':-.~ ,.1-7~.~~\~..J<,.. '\'0.;.'.... "~"~~ ,~~- _"~I '~ .~._..."l ~,~.; (:-",'" ,:
.', 1 I , '., . ..' . 1 ~ , . . I ,', "" / '.'. " , ,.,' . . fl' . , . . I ,:,; , ' '. . . , . " :. I " " ". .), .' . . .
038.480
038.490
038.500
038.510
038.520
038.530
038.540
038.550
038.560
038.570
038.580
038.590
038.600
038.610
038.620
038.630
038.640
038.641
038.642
038.650
038.660
038.670
038.680
038.690
038.700
038.710
038.720
Plumbing (See note D).................................................................... 157.50 165.25
Pollutant storage systems; gasoline, oil, etc (See note D)................ 57.75 60.50
Pressure cleaning.. ...... ....... .......... ............... ..................... ............. ..... 57.75 60.50
Pre-stressed precast concrete specialty (See note D) ....................... 57.75 60.50
Refrigeration, commercial and industrial (See note D) ................... 57.75 60.50
Reinforcing steel specialty (See note D) .......................................... 57.75 60.50
Roofing (See note D) ........................................................................ 57.75 60.50
Septic tank/sewer cleaning.... ....................... ..... ...... ................. ......... 57.75 60.50
Sheet metal (See note D) .................................................................. 57.75 60.50
Shutter and opening protectives (See note D) .................................. 57.75 60.50
Signs - electrical (See note D) .......................................................... 57.75 60.50
Signs - nonelectrical (See note D) .................................................... 57.'l-~ 60.50
Solar (See note D) .. .................. ................ ............ .......... ....... ............ 57.75 60.50
Steel reinforcing (See note D) .......................................................... 57.75 60.50
Structural masonry specialty (See note D) ....................................... 57.75 60.50
Structural steel (See note D) ............................................................. 57.75 60.50
. Swimming pool, residential (See note D) ........................................ 57.7$ 60.50
Swimming pool, commercial (See note D) ...................................... 57.75 60.50
Swimming pool, service and maintenance (See note D) ................. 57.75 60.50
Tile and marble specialty (See note D) ............................................ 57.75 60.50
Underground utility (See note D) ....................:................................ 57.75 60.50
Veneer specialty (See note D) ......................................................... 57.75 60.50
Water softener installation and service............................................. 57.75 60.50
\Velding (requires certification) .................. ...................... .......... ...... 57.75 60.50
Well drilling (Requires certification from SWFWMD)................... 57.75 60.50
Window cleaning ...... ........... ................. ............ ............. ................... 36.75 38.50
Wrecking and dismantling (other than building) ............................. 57.75 60.50
039.000
COSTUME OR CLOTHING RENTAL................................................ '17.25 49.50
040.000
040.010
DATA PROCESSING CONSULTANT/PROGRNvIMER................. 78.75 82.50
Data processing software...... .................... .......... ........... .......... ......... 51:!$ 60.50
041.000
DA TING/ROOMMA TE SERVICE (See note B) ............................... 115.50 121.25
042.000
DECORATOR, INTERIOR ............................................ ....................... 57.75 60.50
043.000
DELIVERYI1v1ESSENGER SERVICE (includes first vehicle)............ 57.75 60.50
Plus, per each additional vehicle ...................................................... :21.00 22.00
044.000
DESIGNER, INDUSTRIAL (See note D)............................................. 57.75 60.50
045.000
DISC JOCKEY, FREE LANCE............................................................. 57.75 60.50
046.000
DIVER..................................................... ....... ......... ................ ................ 52.50 55.00
047.000
DRAFTSMAN ............ .................... ............... ......... ............... ....... .......... 7&.75 82.50
6
Ordinance 6498-00
~
. .) \ , '~,' i' " . . .\ ' . \ .' ", \,' !" " ..,'. I. . '"'; . , . ~ .'. \. " . I( . I ) ') ". \ . . ~ ~ , " , . ,. ~ '. I 1 . ~ ,:1 ~. : .' .
048.000
ELECTRIC POWER COM P ANy....................................................... 157.50 165.25
049.000
049.010
EQUIPMENT RENTAL. small tools or appliances .............................. 57.75 60.50
Equipment rental. large. h~avy duty............................................... 115.50 121.25
050.000
FLOltI s'r............................................... ................ .......... ............. ........... 57.75 60.50
051.000
FREE S ER VI CE BUREAU..... ............... ...... ....... .................................. 73.50 77.00
052.000
FURNITURE REFINISH, REUPHOLSTER, CLEAN
AN 0 REP 1\1 R........................... ....... ........... ....... ...................... .......... ..... !j7. 75 60.50
053.000
053.010
053.020
053.030
053.040
053.050
053.060
GROUP CARE FACILITIES
Congregate care (21 or more clients) ............................................. B7.5G 165.25
Convalescent/nursing home.... ........... ............. ................................ 157.50 165.25
Family care home (1--6 clients)........................................................ 36.75 38.50
Group care, level I (7--14 clients)..................................................... 17.25 49.50
Group care, level II (15--20 clients) ................................................. 73.50 77.00
Group care, level III (1--20 - special treatment)............................... &9.25 93.50
054.000
GUNS (See note B; requires federal firearms licerise), dealer,
incl udes repair.............................. ......................................................... 115.50 121.25
055.000
HEARING AID, AGENT OR DEALER............................................... 6&.25 71.50
056.000
l-I OSPIT AL ...... .... ....... ..................... .............. .... ............... .......... .......... ~3-hOO 242.50
057.000
INCOME TAX PREP ARER ............... ................................................... 57.75 60.50
058.000
058.010
058.020
058.030
058.031
058.040
058.050
INSURANCE
Per each company, class, and type of insurance............................... 7&.75 82.50
Adjuster ......... .... ......................... .......... ....... .... ...... ............................ 6& .25 71 .50
Agency (includes 1 principal, owner, manager or agent) ................ 57.75 60.50
PI us, per agent ...................................... ............................................. :26.25 27.5 Q
(Reserved)
Agent, independent.. ........... ........... ............. .......... ...... ...... .......... ...... 7&.75 82.50
059.000
059.010
ITINERANT OR PElUvfANENT, KNIFE TOOL SHARPENER........ 26.25 27.50
Itinerant, agriculture peddler................... ....... .......... ......... ................ 36.75 38.50
060.000
KINDERGARTEN, NURSERY OR
DAY CARE (See notes B and D)........................................................... ~7.25 49.50
061.000
LABORATORY (includes dental, medical, research, analytical, photo,
chemical testing, etc.). .... .......... ....... .... .......... .... ................................ ...... 81.00 88.00
Plus, per employee .......... ........................ ................. ............. ............ ~~ 22.00
062.000
7
LAND DEVELOPERS................... .................. ................... ............. .... ~~ 121.25
Ordinance 6498-00
~' ~. .' "~ ',~ >..-. ~ .: " ;, .'. 81 I ~ ~ . . ' '. I ' f. ' II'< . t , ' " , ~". '. ; ~ .' \ i, ' ~ ' \ I . ,,~~, ~ '.. :' 4.,t <'. <. ' , . . J "
063.000
LECTURER AND INSTRUCTOR, ...................................................... 73.50 77.00
064.000
LOAN, FINANCE OR
CONSUMER DISCOUNT COMPANY (See note D)........................ 262.50 275.50
065.000
LOCKSMITH (See note B)................... ......... ................... ..................... '17.25
066.000
MAIL ORDER ESTABLISHMENT ..................................................... 57.75
067.000
068.000
MAILING, PACKAGING, ADDRESSING, FAXING ........................ 57.75
MAi'WF ACTURING, F ABRICA TING,
PROCESSING, COMPOUNDING
1 employee (including owner)........ ......... .................................. ....... '17.25
2--4 employees (including owner).. .................................................. 68.25
5--10 employees (including o\VIler) ............. ................... .................. 9'1.50
11--25 employees (including owner).............................................. 115.50
26--50 employees (including owner).............. ....................... ......... 173.25
51--100 employees (including owner)............................................ 231.00
101--500 employees (including owner) ......... ....................... ......... 262.50
Over 500 employees (including owner) .. ........:.............................. -13 o. 50
068.010
068.020
068.030
068.040
068.050
068.060
068.070
068.080
49.50
60.50
60.50
49.50
71.50
99.00
121.25
181.75
242.50
275.50
452.00
069.000
069.010
MASSAGE establishment (See note D and Chapter 9) ......................... 63.00 66.00
Massage therapist, each (See note D and Chapter 9) ....................... ~6.75 38.50
MERCHANT OR MERCHANDISING:
(See note B for sale of used merchandise)
Inventory value $1,000.00 or less..................................................... 36.75
Over $1,000.00 but less than $2,000.00.. ....................... ....... ........... '17.25
Over $2,000.00 but less than $3,000.00........................................... 57.75
$3,000.00 and over............ ....... .................. ............ ........................... 57.75
Plus, per $1,000.00 or any fraction thereof over $3,000................. 4:-W
Mobile tool sales ............................................................................. 115.50
Antiques, used merchandise (See note B) ............................ .... ........ 57.75
Merchant, temporary permanent/location ........................................ 52.50
Merchant, itinerant, permanent/location.. ....................... ................ 157.50
Merchant, show or flea market, per exhibitor, includes
food vendors, per event/show............................................................. ~ 8.90
Downto\VIl convention/exhibition center ..................................... 3150.00 3307.00
Hardware Store or Lumber Yard with an inventory value less than
$100,000.00.. ....... ....... ......... ............ ...... ......... ........... ...................... 200.00 210.00
Merchant, ice cream truck (See notes B and D)----------------------- ..... 50.00
Mobile homes
Dealer (new or used) sales and service .......... ....................... .......... 115.50' 12 I .25
Park, rental.......... ............. .......... .... ......... ................. ......................... ~ 77.00
Plus per space over 25 ..................................................................... ~ 3.60
Transport service (if independent of city licensed dealer or
070.000
070.010
070.020
070.030
070.040
070.050
070.060
070.070
070.080
070.090
070.100
070.110
070.120
071.000
071.010
071.020
071.030
8
38.50
49.50
60.50
60.50
4.70
121.25
60.50
55.00
165.25
Ordinance 6498.00
. .' _ ,.' ..: .ft,: ::.... 'fl,';:, \" ;'; 1..~' I~... ':.~ 8.. :". '.1.. {t '.;.....~~.:. ~ ~ ", :, "'.d'.:.,,>~'" : ~ ...:; ~ '-:.::~~; o...:..'~. :'~:. ."~. }~-~ . .~~:~ nr.... ~ '/;:- ~:"." .'./'tJt:.. \.~ . :~::: .~:;<: 7~
, " ("', \1" I."." " ~ '. .,',": I ,,' ,'r:' ,.....r ",~"~:, "'''-')'' .~ ," ";"',,, ~1' f'-...:-", . /' .~~':I"~:~'" , ,: ~: ',,/"', 1,1~, " .J- ",:1... _.':'~'...l,
manufacturer) .................................................:.................................. 68.25 71 .50
072.000
072.0 I 0
tvIOTO RCYCLE, dealer........ ....................... .... .......... ....... .......... ........... 8/1. 00 88.00
Motorcycle, scooter or bicycle rentaL.................................................... 57.15 60.50
073.000
MOVING, TRANSFER COrvlPANY (See note B)............................... 91.50 99.00
074.000
074.010
074.020
MUSIC MACHINES/JUKE-BOX,
COIN OPERATED: (not amusement or vending machines)
Dealer or lessor ............................................................................... 115.50 121.25
Operator or lessee, each machine ..................................................... 36.75 38.50
075.000
075.010
075.020
075.030
NEWSP APER, PERlODICAL OR NE\VSLETrER:
Less than 6 issues per week.............................................................. 78.75 82.50
6 Or more issues per week.............................................................. 231.00 242.50
Agency or bureau.. ....................................................... ......... .......... 115.50 121.25
076.000
NURSERY, PLANTS (See note D) ....................................................... 57.75 60.50
077.000
077.010
077.020
PATROL, NIGHT PATROLMAN, OR PRIVATE WATCHMAN:
Firm (See note B).............................................:........... ..................... ':f.!6.;:j.€,. 82.50
Individual (See note B) ..................................................................... ~6.1:$ 38.50
078.000
PAWN BROKER (See note B) ............................................................ 316.50 363.75
079.000
079.010
PETROLEUM PRODUCTS, wholesale .............................................. 231.00 242.50
Petroleum products, deliver/sale, includes LP ........ ....................... -l-M-:-W 121.25
080.000
PHOTOGRAPHY (See note B) ............................................................. 57.75 60.50
081.000
PIANO TUNER.. ........... .......... ........................ .............. ................. ........ 26.2~ 27.50
082.000
PLATING OR ANODIZING, METAL ................................................. ~~ 60.50
083.000
PRINTING, PUBLISHING, ENGRAVING, LITHOGRAPHING AND
BINDING (includes blueprinting services) ................................................. 63.00 66.50
084.000
084.010
084.020
084.030
084.040
084.041
084.050
084.060
084.070
084.090
084.100
PROFESSION (per licensee and per location)
Accountant (See note D if CPA) ........... ..................... ...... .............. 105.00 110.25
Architect (See note D) .................................................................... 105.00 110.25
Attorney (See note D) ..................................................................... 105.00 110.25
Chiropractor (See note D)............................................................... 105.00 110.25
Counselor/social worker (See note D).............................................. ~ 82.50
Court reporter ... ................. .... ................ ........... ........ ............ ....... ...... 78.75 82.50
Dental hygienist (See note D)........................................................... 78.75 82.50
Dentist (See note D)..................... ............................................... .... 105.00 110.25
Designer, interior (See note D) ..................... .... ................ .............. 105.00 110.25
Enlbalmer/funeral director/undertaker (See note D)...................... 105.00 110.25
9
Ordinance 6498-00
.~'":' ~
. '" .'rjl/'''t''';,~;:':l-'~' ;\t~"""\t.',~"", '#, ",'1'. ~ '\' 'j' 1\ '~">'i':";"~"'; : ov', ",~",,~",:, .1;"I_~ ~, ",._:,,-:-,."~rf'~,\':~'" 1(:"" '.:",..1 ;.~f.,../,.
084.110
084.120
084.130
084.140
084.150
084.160
084.170
084.180
084.190
084.200
084.210
084.220
084.230
Engineer (See note D) ..................................................................... 105.00 110.25
Homeopathic physician ........... ........ ............ ......... .... .......... ............ 105.00 110.25
Occupational therapist (See note D) ............................................... 105.00 110.25
(Reserved)
Optician, including sale oflenses and frames (See note D)........... 105.00 110.25
Optometrist (See note D) ................................................................ 105.00 110.25
Reserved
Physician (See note D).................................................................... 105.00 110.25
Physiotherapist (See note D) .......................................................... 105.00 110.25
Profession, NOC ............ ...... ....... ........ ..... ..................... .................. 105.00 110.25
Psychologist (See note D)............................................................... 105.00 110.25
Surveyor (See note D)..................................................................... 105.00 110.25
Veterinarian (See note D) ............................................................... 105.00 110.25
085.000
PROMOTER/PROMOTIONS
(See note B)(If temporary, per event) ........... .... ....... ....... .............. ........ 210.00 220.50
086.000
RAILROAD............ ............. ..... ............ ............... .................. .......... ..... 236.25 248.00
087.000
RECORDING STUDIO ........................................................... .............. 57.75 60.50
088.000
REFUSE COLLECTION AND
DISPOSAL SERVICE (See note B and See 32.292 City Code)......... 236.25 248.00
089.000
089.010
089.020
REFUSE M.A.CHINE, COMPACTING AND/OR BINDING:
Owner or lessor ..... ....... ....... ................ .... ........... ...... .......... ............. 23 1.00 242.50
Operator or lessee............................................................................ 105.00 110.25
090.000
090.010
RENTAL, NOC (See note B) ................................................................. 57.75 60.50
HaIVfacility/property, nornesidential use (See note B).................. 105.00 110.25
091.000
RENTAL, UNITS (2 or more)................................................................ 26.25 27.50
Plus, per unit over 5 ............................................................................ ~ 1.55
092.000
REPAIR AND SERVICE, NOC (includes handyman) ......................... 17.25 49.50
Plus, for each employee (other than owner)..................................... 10.50 11.00
093.000
093.010
093.020
093.030
093.040
093.050
093.060
093.070
093.080
093.090
093.1 00
RESTAURANT (See note D; and Note B for alcoholic beverage sales)
1--1 0 seats ......................................................................................... 36.75 38.50
11--25 seats ....................................................................................... 57.75 60.50
26--50 seats ..................................................................................... 115.50 121.25
51--100 seats................................................................................... 173.25 1 81.75
101 or more seats....... ........... ............................ ....... ......... .............. 231.00 242.50
Snack bar, soda fountain............ ............................................ ........... 17.25 49.50
Concession stand/vendor, per location or unit .................................17.25 49.50
Canteen wagon or truck, per mobile unit ......................................... 52.50 55.00
Drive-in or drive-through/take out or delivery ................................. 78.75 82.50
Nightclublbar/tavernlcabaretJlounge (See note B; see adult use
10
Ordinance 6498-00
093.110
entertainment; see commercial recreation/entertainment,
entertainers) ..... ................................................................................ 231.00 242.50
Dancing area.......... ......... ........... ....... ......... .... ........... ........... .............. 17.25 49.50
094.000
SCHOOLS - TRADE, STUDIO AND INSTRUCTION (See note D; also
see note B for dancing or chann schools)............................................... 57.75 60.50
095.000
SECRETARLAL SERVICE (includes stenographers)........................... 57.75 60.50
096.000
SEWING (DRESSMAKER, SEAMSTRESS, TAILOR, etc.) .............17.25 49.50
SHOE REPAIR (OR BOOT BLACK STAND).................................... 17.25 49.50
097.000
098.000
SIlTING - HOUSE, PLANT, PET (See note B)................................... 52.50 55.00
098.500
SPECIAL EVENTS - CITY SPONSORED,
Per day, per exhibit ............................................................................. ~ 1.05
099.000
099.010
099.020
STORAGE/WAREHOUSING
Indoor, per 1,000 square feet (minimum $50 fee)............................ 10.50 11.00
Outdoor, per 1 ,000 square feet (minimum $50 fee) ........................ 21.00 22.00
100.000
TATTOO PARLORS (See note D and Florida
State Statute 877.04) ............................................................................. 105.00 110.25
101.000
TAXICAB COMPANY, includes first vehicle
(See notes-B and Chapter 25)... ....... ..... .............. ......... .... ...... ........... ....... 57.75
Plus for each additional vehicle ........................................................ 21.00
60.50
22.00
102.000
TAXIDERMIST...................................................................................... 17.25
49.50
103.000
103.010
103.020
103.030
103.040
103.050
TELEPHONE AND TELEGRAPH
Telephone, company..... .................. ...................... ....... ...... ............. 236.25
Each branch office ........ ........... ...... ....................... .......... ....... ........... 31.50
Telephone, business, private {includes 900 service; see note B) ..... 57.75
Telephone., solicitation (See notes B and D) .................................... 57.75
Telephone, answering service............................................ ........ ....... 57.75
248.00
33.00
60.50
60.50
60.50
104.000
TOILETS, PORTABLE SERVICE ..................................................... ~~ 110.25
105.000
105.010
105.020
TRAILER, CARGO (for boat trailers, see boats)
Trailer, cargo, sales and service........................................................ 57.':I!j 60.50
Trailer, cargo, rental................... ...... ........ ......... ............. .... ............... 17.25 49.50
106.000
TRANSIT OR READY-MIX CEMENT AND CONCRETE ............ 231.00 242.50
(This license required of any distributor making deliveries and/or sales within city limits,
regardless of location of plant.)
11
Ordinance 6498-00
.,:'V':.'
,~ ~I',' .... ~",' ,'\.f., '" "',' '.' . .~. .,?', f', I . \.~ J (. ' 'A 'f, i .i .' I' .
107.000
TRANSPORTATION SERVICES (bus station - interstate, chartered,
limousine, sightseeing) (See chapter 25; see note B) ................................. 220.50 231.50
108.000
VACUUM CLEANER SALES AND SERVICE.................................. 57.75 60.50
109.000
VALET PARKING .................. ....... ........................................................ ~5G 55.00
110.000
110.010
110.020
VENDING MACHINES (excluding amusement, music machines, cigarette or
stamp machines)
Dealer or lessor. .......... .......... .... ............. .............. ..................... ........ 57.75 60.50
Operator or lessee, per machine........................................................ 10.50 11.00
111.000
VIDEO OR FILM RENTALS................................................................ 57.7f7 60.50
112.000
WRECKING yARD............................................................................. 231.00 242.50
113.000
UNCLASSIFIED, every business occupation, profession or exhibition, substantially fixed or
temporarily engaged in by any person within the city and for which no license has been
ordained and not herein specifically designated (See note B).............. 115.50 12 1.25
OTHER RELATED OCCUPATIONAL LICENSE FEES/CHARGES:
The DUPLICATE LICENSE FEE shall be $15.
The i\1INIMUM occupational tax shall be $25.00.
PENALTY, DELINQUENT AND ADMINISTRATIVE FEES:
The PENALTY FEE (operating prior to obtaining a license) shall be equal to 25 percent of the established fee.
The DELINQUENT FEE shall be ten percent for the month of October plus five percent for each month of
delinquency, not to exceed 25 per~ent of the established occupational license tax.
In addition to penalty fee, the administrative fee shall be two times the normal fee with a maximum of $250.00
per license on accounts not paid by January 3151 following the renewal notice
The REGISTRATION FEE shall be $25.
A TRANSFER FEE shall be up to 10% of the annual license tax: but not less than $3 or more than $25.
Notes:
A.
Requires approval by the city commission.
B.
Requires city police department recommendation. The applicant shall complete a background
information report, executed under oath, and shall submit to a background investigation,
photograph, and fingerprints. The recommendation shall be based upon the criteria set forth in
section 29.41 (6) and shall include a statement of the facts upon which the recommendation is
Ordinance 6498-00
12
. '
I:..
. based.
C. RESERVED
D. Requires inspection, approval or license of state or county authority.
NOC - Not otherwise classified.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
January 20, 2000
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Leslie Dougall-Si s
Assistant City Attorney
13
Brian J. Aungst, Mayor-Commissioner
Attest:
Cynthia E. Goudeau, City Clerk
Ordinance 6498-00
'< .lw ~'..'.", ~ ,." "or,. .,'.' , ".', ;'~~/.',~"", ",','..., ,'f",'" I'~~r""~""""'" .' ;, I"
"d-V\d tZ .
ORDINANCE NO. 6499-00
30
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO THE BUILDING AND DEVELOPMENT REGULATIONS;
AMENDING APPENDIX A, SCHEDULE OF FEES, RATES AND
CHARGES, RELA riNG TO SECTION 47.084(4); PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Appendix A, Schedule of fees, Rates and Charges, Code of Ordinances, are amended to read:
APPENDIX A-SCHEDULE OF FEES, RATES AND CHARGES
. . . . * .
V. BUILDING AND BUILDING REGULATIONS
Permit fees and charges.
(1) Permit fees and charges, in general; exceptions:
(a) Permits are generally not required for carpeting, painting,. wallpapering, paneling over existing walls, and
tile nor where the valuation of labor, materials, and all other items does not exceed $500.00 and the work
or operation is of casual, minor, inconsequential nature, and does not violate any city codes or ordinances,
or is exempt pursuant to Chapter 75-489, Laws of Florida (Special Acts), Section 25.
(b) Valuation for all construction shall be based on the contract value. The current Southern Building Code
Congress Intemational's valuation tables may be used if no contract is submitted with the permit
application.
(c) Where no permit fee is stated, the same shall not be interpreted as an intention to waive any requirement
for a permit or fees for a permit that may be stated elsewhere in the city's Code of Ordinances.
(d) Prior to starting any electrical, gas, plumbing, mechanical, rooting, or other work under a combination
permit, the contractor or the subcontractor engaged to do the work shall file with the Planninq and
Development Services Administration Central Permitting Dop3rtment a form showing the name and
certification number of the subcontractor, the subcontractor's occupational license number, the
combination permit number, the job address, and other related information as may be required by the
PlanninQ and Development Services Administration GeRtral Permitting Dep3rtment. Failure to file such
form or provide such information shall be cause for the refusal of inspection services, and the issuance of a .
correction notice with, the appropriate fee.
(2) Fee Schedule. In the case of reviews, inspections and similar activities associated with building and related
codes requiring a permit, the following schedule of fees shall apply:
(a) Plans examination fee:
1. Multifamily and commercial, based on construction valuation of:
a. $100,000.00 or less
Plus, per $1 ,000.00 of value or fraction thereof
b. Greater than $100,000.00 but not exceeding $500,000
Plus, per $1,000.00 of value or fraction thereof
c. Greater that $500,000.00 but not exceeding $1,000,000.00
Plus, per $1,000.00 of value or fraction thereof
d. Greater than $1,000,000.00
Plus, per $1,000.00 of value or fraction thereof
$ $ 40.00
$ 3.50 $ ~
$ $ 340.00
$ 2.50 $ ~g
$ $1140.00
$ 2.00 $ -1-:W
$ $1890.00
$ 1.50 $ ~
ORDINANCE 6499-00
'.' ' ;1 , . ~ " ,~ ,.. '" ", ' . " 1 . , \ " ," . . ".. 1 , \. , . " . t" ...,. " ;" .. ':.
$ 53.00 $ W:-OO
$ 16.00 $ ~
$ 26.00 $ ~
$ 53.00 $ W:-OO
$ 26.00 $ ~
$ 11.00 $ .w:.oo
$ 26.00 $ ~oo
$ 32.00 $ ~
$ 11.00 $ .w:.oo
$ 26.00 $ 2-&:00
2. One or two-family residential projects
Plus, per $1,000.00 of value or fraction thereof
$ 16.00
$
(b) Plan amendments; Residential, multifamily and commercial
projects: .
1. Change to permitted plans, per hour
2. Duplicate permit placards, each
3. Change of contractor, per contractor
4. Review replacement plans, per hour
5. Field reviewed plan amendment
(c) Certificates of occupancy:
1. One or two.family dwelling, per unit
2. Multifamily and commercial, per application
3. Conditional certificate of occupancy, per condition
4. Replacement or additional copy
a. One or tV/o-dwelling
b. Multifamily and commercial
(d) Special inspections:
1. Change of use or certificate of occupancy inspection per trade- $
maximum fee $
2. After hours or weekends, per hour, per inspection $
Minimum fee, per inspection $
37.00
74.00
53.00
(e) Refunds:
1. Permits under $40.00, unless issued in error by city
2. VVork has commenced, or permit is over 90 days old
3. All other permits
30
$ ~
$ 1.00
$ ~
$ +GJ)Q
$ ~
$ 100.00
no refund
no refund
refund of fee paid, less $40
(f) Permit fees:
1. Per structure, base on construction valuation of:
a. $100,000.00 or less $
plus, per $1,000.00 of value or fraction thereof $ 6.50
b. Greater than $100,000.00 but not exceeding $500,000.00 -$
plus, per $1,000.00 of value orfraction thereof $ 5.50
c. Greater than $500,000.00 $
plus, per $1,000.00 of value or fraction thereof $ 3.50
d. Greater than $1,000,000.00 $
plus, per $1,000.00 of value or fraction thereof $ 1.50
$ 30.00
$ -€iOO
$ 630.00
$ ~
$ 2630.00
$ ~
$ 4130.00
$ 4:00
2. This fee applies to all types of permits, with an additional costs of $30.00 per trade or permit
type for combinat.ion permits. Exception: No additional fees for swimming pools.
(g) Miscellaneous permits:
1. Mobile home, mobile office, construction trailer, sales trailer, ect.
a. Building permit (tie-down and site placement) $ 37.00 $ dMG
b. Electrical permit $ 37.00 $ ~
c. Gas permit $ 37.00 $ dMG
d. Plumbing permit $ 37.00 $ ~
e. Mechanical permit $ 37.00 $ ~~
2. T emporalY power pole, not in conjunction with combination
permit $ 37.00 $ ~
3. Tent permit (may require electric) up to 20 ft. X 40 ft.. $ 40.00 $ ~
Tent permit (may require electric) qreater than 20 ft. X 40 ft $ 50.00
4. Demolition permit- $ 53.00 $ ~
ORDINANCE 6.:'.99-00
-
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30
plus, per square foot in excess of 1 ,000 square feet $ ..:...1Q $ -:Oa
5. House move:
a. Application $ 53.00 $ ~
b. Pre-inspection $ 53.00 $ 60.00
plus, per mile outside city $ $ .30
c. Remodeling permit for setting house on lot, see paragraph
(2) (f) permit fees
6. Swimming pool permit, aboveground pool (for all work ) $ 37.00 $ 3a:-OO
7. Zoning verification letter, per letter $ 11.00 $ -1400
8. Project research, per hour (not to exceed eight hours
without commission approval) $ 26.00 $ ~
. (h) Building official may assess special fees per written policy for.
1. Work not ready for inspection (re-inspection fee):
a. First occurrence
b. Second or subsequent occurrence
$ 32.00
$ 80.00
$ 30.00
$ ~
2. Follow up on permit:
a. Failure to request inspections
9:- Minimum fee
50% of permit fee
$ 37.00 $ ~
3. After-the-fact permit:
a. First occurrence $ triple permit fee
b. Second or subsequent occurrence by the same contractor
any job site in city . $ (10) ten times permit fee
4. Filing seNice fee, for notice of commencement
(this is in addition to county clerk's charges)
$ 10.00 $ 6:00
(i) Permit extensions:
1. Permit expired:
a. Less than 30 days
b. More than 30 days, but less than 90 days
c. More than 90 days (fee based on value of work to be
Completed)
2. Exception, if only finals are needed
No fee
$ 30.00
New permit fee
$ 30.00
(3) As used in this fee schedule, "combination permit" means a permit for construction privileges, conditions and
restrictions for two or more trades or permit types, for which proper approval has been granted by the city and for which proper fees
have been paid.
Filing fees for appeals.
(1) Appeal to the construction/flood board of adjustment and appeals
(2) Appeal to the city manager
(3) Appeal to the city commission
$ 130.00
$ 55.00
$ 55.00
$ 125.00
$ 50.00
$ 50.GO
ORDINANCE 6499-00
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Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
January 20, 2000
Brian J. Aungst, Mayor-Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
3()
ORDINANCE 6499-00
ORDINANCE NO. 6500-00
J\
~ l"d. ~
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO THE SCHEDULE OF FEES, RATES AND
CHARGES, AMENDING APPENDIX A, ARTICLE XI, PARKS,
BEACHES, RECREATION, TO INCREASE CERTAIN FEES FOR
USE OF FACILITIES BY NONRESIDENTS; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Clearwater provides recreational facilities and programs
for the residents and taxpayers of the City; and
WHEREAS, the City Commission has determined that users of City recreational
facilities and programs who are not City taxpayers should pay a reasonable sum for the
use of such facilities and programs, as set forth herein; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. Appendix A, Schedule of Fees, Rates and Charges, is hereby amended to
read:
ARTICLE XI. PARKS, BEACHES, RECREATION:
* * * * * *
Use offacilities by nonresidents (ch. 22):
(1) Effective January 20. 2000 J~nuary 1, 1994, nonresidents who wish to use city
recreation facilities or programs may do so by paying one or more of the
following fees:
(a) Card options:
1. Annual individual fee, valid from January 1 through
December 31 (plus applicable sales tax) 70.00 56.00
2. Annual family fee, valid from January 1 through
December 31 (plus applicable sales tax) 175.00 140.00
Note: An individual card may be used only by the
person to whom it is issued. The family fee provides a
card for each family member residing at the
household.
Ordinance No. 6500-00
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(b) Options in lieu of nonresident card purchase:
1.
Daily guest fee at all tennis facilities
3.00
2. Admission fees for open swim programs only at all city swimming
pools:
a. Children 17 years of age and under:
i. Winter
ii. Summer
2.00
1.50
b. Adults 18 years of age and over:
i. Winter
ii. Summer
3.50
2.50
3. Class/program fee plus 50 percent additional for activities offered
on a session basis.
4. Single season fee for adult athletic leagues) per person (plus
applicable sales tax), 37.00 33.00
5. Single admission fee (exception, city pools) plus an additional 25
percent.
6. Participant fees for activities/programs conducted by the recreation
department staff that are free to residents:
Where practicable, fees may be charged to nonresident
participants.
7. I n co-sponsoring programs where leadership is provided by non city
employees:
a.
b.
c.
Participants of youth programs, per activity
Family participants of youth programs, 3 or more.
Participants of adult programs, per activity
10.00
25.00
20.00
8. Lawnbowls, shuffleboard and horseshoe clubs:
Per year for each club; due January 1 st of each year
100.00
(2) The criteria which establish the class of city residents for the purpose of the fees
above and Resolution No. 88 13 are:
Ordinance No. 6500-00
-2-
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31
Permanent residence within the incorporated boundaries of the city;
(a)
(b)
Ownership of real property within the incorporated boundaries of the city,
as evidenced by the official tax rolls maintained by the county;
(c)
Tourists and guests temporarily residing at properties within the
incorporated boundaries of the city; or
(d)
Persons who are employees of the city, their spouses and children who
live at home.
(3) In programs where rentals are charged, or where enforcement is impractical, or a
majority of the facilities used by a program are provided in a municipality other
than Clearwater, the nonresident fee is not required.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
December 9, 1999
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
~~
: Carassas
Assistant City Attorney
Attest:
~
Cynthia E. Goudeau
City Clerk
Ordinance No. 6500-00
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ORDINANCE NO. 6501-00
"3 d--
AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA.
RELATING TO THE LIBRARY BOARD; AMENDING SECTION 2.192,
CODE OF ORDINANCES. TO REDUCE THE NUMBER OF BOARD
MEMBERS; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 2.192, Code of Ordinances, is amended to read:
. Sec. 2.192. Composition.
The librarl board shall consist of seven Affie members, all of whom shall be
permanent residents of the city.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
Januarv 20, 2000
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
C(>~
~n~~as '.
City Attorney
-
Cynthia E. Goudeau
City Clerk
Ordinance No. 6501-00
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33
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CITY OF CLEARWATER
INTEROFFICE MEMO
To: Mayor and City Commissioners
From: George E. McKibben, Purchasing Manager
Copies: Michael J. Roberto, City Manager
Cynthia E. Goudeau, City Clerk
Subject: Purchases to be approved at the February 3,2000 City Commission Meeting
Date: January 24,2000
All items recommended for purchase and delivery during the 1999/2000 fiscal year are included in the
approved 1999/2000 budget. Funding for contracts extending into future fiscal years will be included in
the City Manager's recommended budgets. All recommended vendors are the lowest most responsive
bidders in accordance with the specifications unless a specific exception is noted.
1. Award a contract to Garber Buick Pontiac GMC, Green Cove Springs, Florida, in the amount of
$12,318, for the purchase of one 2000 Chevrolet Cavalier compact sedan (replacement) for utilization
.~ . throughout the city by Fleet. Exception to bid under Section 2.564 (1 )(d), Code of Ordinances - Florida
State Contract 070-001-99-1. Funding to be provided under the City's Master Lease Purchase Financing
Agreement. Appropriation code: 315-94227-564100-519-000. Debt service codes: 566-06612-571300-
582-000 (principal) and 566-06612-572300-519-000 (interest). (General Support Services)
2. Award a contract to Don Reid Ford, Maitland, Florida, in the amount of$31,450, for the purchase of
two (2) 2000 Ford Taurus sedans (replacement) for utilization throughout the city by the Police
Department. Exception to bid under Section 2.564 (1)(d), Code of Ordinances - Florida Sheriffs'
Association Contract 99-07-0913. Funding to be provided under the City's Master Lease Purchase
Finance Agreement. Appropriation code: 315-94227-564100-519-000. Debt service codes: 566-06612-
571300-582-000 (principal) and 566-06612-572300-519-000 (interest). (General Support Services)
3. Award a contract to Professional Grounds Management, Saint Petersburg, Florida, in the estimated
amount of$38,426, for maintenance of medians on Gulf To Bay Blvd. during the contract period March
112000 through February 28,2001. City of Clearwater Bid 13-00. Appropriation code: 010-01691-
530300-572-000. (Quality of Life)
4. Extend the contract with Grinnell COlp., Tampa, Florida, in the estimated amount of $60,000, for the
purchase of brass water fittings for utilization tlu.oughout the city water system during the contract
period March 1, 2000 through February 28, 2001. This is the second of two authorized renewal options
under the terms of City of Clearwater Bid 33-98. Appropriation code: 421-00000-141110-000.
(Public Utilities)
Funding for the above referenced purchases is included in the FY 1999/2000 Budget or will be included
in the City Manager's recommended budgets for future fiscal years.
TLvj rea)
Tina Wil~n~dget Director
l~
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Clearwater City Commission
Agenda Cover Memorandum
Worksession Item #:
Meeti ng Date:
3L/
~. 3.()O
Final Agenda Item #
SUBJECT/RECOMMENDATION: Ratify and confirm the City Manager's decision to increase a
professional service contract to Krishnan Anandan, Parks and Recreation Tennis Professional, from
$25,000 to $55,000, and increase term of contract from December 31, 1999, to Apri I 30,2000,
iii and that the appropriate officials be authorized to execute same.
SUMMARY:
lit.
· Mr. Krishnan Anandan has worked for the City as the tennis professional under a professional service contract
fo~ the past four (4) years. His contract expired October 1, 1999.
· The Parks & Recreation Department entered into a sholt-term contract with Mr. Anandan for three (3) months
due to proposed reorganization of tennis operations and new construction at the Henry L. McMullen Tennis
Complex.
. More time was needed to reorganize the tennis operations, therefore, the City Manager approved extending
the existing agreement an additional four months to April 301 2000, and increased the contract amount to
$55,000.
· This action has no impact on the expense aspect of the Parks and Recreation operating budget. The $55,000
is an estimate as Mr. Anandan is paid 80% of the fees collected for the lessons he teaches. The remaining 20%
is revenue to the general fund.
":""
Reviewed by:
legal NA
Budget ~
Purchasing ~
Risk Mgmt NA
Info Svcs.
NA
--
NA
Originating Dept:
Parks & Recreation
User Dept.
Parks & Recreation
Attachments
Costs
Total $55,000
Public Works
DCMlACM
QOl Admin ;1J)J/J-
Current FY $55,000
Funding Source:
CI
OP
Other
Submitted by:
City Manager
Printed on recycled paper
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o None
A ra riation Code: 010-202720
Rev. 2/98
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GaL 1-
Clearwater City Commission
Agenda Cover Memorandum
Worksession Item #:
Final Agenda Item" 3 5
Meeting Date: J. 3 . (j 0
SUBJECT/RECOMMENDA liON:
Award a contribution in the amount of $50,000 to the Clearwater Arts! Foundation
l&I and that the appropriate officials be authorized to execute same.
SUMMARY:
. The Clearwater Arts! Foundation is being established as a 501 c3 tax-exempt non-profit organization
in order to solicit grants for the arts (cultural, educational, and literary purposes) that are not
otherwise available to the City of Clearwater.
. Clearwater Arts! will initially sponsor activities such as Clearwater First Night, Clearwater Folk Arts
Festival, Clearwater Times Festival of Reading, and other projects related to the arts. Future projects
can include art museums, preservation of historic buildings, public art, and other cultural events.
.. City funds previously budgeted for the Folk Arts Festival and other Special Events Grants are being
consolidated into this request for start-up funds. Revenues generated from grants, vendors, and entry
fees will replenish these funds in future years.
G The voting members and non-voting members of the Clearwater Arts! Foundation board are attached.
Voting members represent various arts organizations in Clearwater; non-voting members are city
support staff involved in the arts. The voting board members will approve future projects of the
foundation and will take part on a voluntary basis on committees established for the work of the
foundation. There will not be paid staff in the foreseeable future.
G The Articles of Incorporation, Bylaws, and other legal documents are being filed with the State of
Florida and the Internal Revenue Service after the board's organizational meeting on January 14,
2000. These documents are available for viewing in the City Clerk's office.
. Funding in the amount of $50,000 is available in special program project 181-99954, 501 c3 SeNices,
to provide funding for the Clearwater Arts! Foundation.
Reviewed b~j ~ _ /
legal ~
Budget ~
Purchasing .."-(
Risk Mgmt X
Info Srvc
X
X
Originating Depl:
Quality of life A ministration
User Dept. ,
Quality of life Administration
Costs
Total $50,000
Public Works
DCM! ACM
Other
Parks/Rec.
Board of Directors
Funding Source:
Current FY $50,000 CI
OP
Other
Submitted by:
I ~ty Manager
PrintL.J on re c1ed paper
o None
A pro lriation Code: 181-99954-582000-519-000
Rev. 2/98
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CLEARWATER ARTS! FOUNDATION, INC.
Reeistered A~ent
NAMErrITLE
l\tlAIL ADDRESS
Lynn Wargo
Vice President of Special Events
Greater Clearwater Chamber
PO Box 2457
(1130 Cleveland St.)
Clearwater, FL 33757
Public Votine Members
NAMErrITLE
AFFILIATION
MAIL ADDRESS
Nancy Hart
Chairperson
1006 Eldorado Ave.
Clearwater, FL 33767
Clearwater Marine Aquarium
249 Windward Passage
Clearwater, FL 33767
Gerri Raymond
Director of Community Relations
Clearwater Marine Aquarium
Sheila Cole
President/Executive Director
Clearwater Beach Chamber
Clearwater Beach Chamber
P.O. Box 3573
Clearwater, FL 33767
Michael Meidel
President/CEO
Greater Clearwater Chamber
Greater Clearwater Chamber
PO Box 2457
(1130 Cleveland St.)
Clearwater, FL 33757
Karen Vann
Executive Director
Jazz Holiday
Jazz Holiday
PO Box 7278
Clearwater, FL 33758
Robert A. Freedman
Executive Director/CEO
Ruth Eckerd Hall
PACT, Inc./Ruth Eckerd Hall
1111 McMullen Booth Rd.
Clearwater, FL 33759
Bruce Kotchey
Oir. of Business Volunteers for the
Arts
Pine lIas Arts Council
14700 Terminal Blvd.
Suite 229
Clearwater, FL 33762
Isay Gulley
Executive Director
Greenwoods
CNHS, Inc.
608 Garden Ave.
Clearwater, FL 33755
Special Events Mgmt. & Security
3311 Tanglewood Tr.
Palm Harbor, FL 34685
450-11 Lakeview Dr.
Palm Harbor, FL 34683
Roxana Levin
Cultural & Arts Chairperson
David Hardman
UNO Federation
December 8, ] 999
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CLEARWATER ARTS! FOUNDATION, INC.
City Liaison Staff Members (non-votine)
NAME/I1TLE
AFFUJIA TION
MAIL ADDRESS
David Nadeau Harborview Center Harborview Center
General Manager PO Box 329
Clearwater, FL 33757
Diane Smith Main Street Events Economic Development
Economic Dev. Program Manager PO Box 4748
Clearwater, FL 33758-4748
Margo \Valbolt Cultural Affairs Parks and Recreation
Recreation Program PO Box 4748
Manager Clearwater, FL 33758-4748
Leslie Dougall-Sides Legal Legal Department
Asst. City Attorney II PO Box 4748
Clearwater, FL 33758-4748
Arlita Hallam Quality of Life 100 N. Osceola Ave.
Quality of Life Clearwater, FL 33755
Administrator
Terry Schmidt Special Events Parks and Recreation
Recreation Program Manager PO Box 4748
Clearwater, FL 33758-4748
lVIichelle Q'N eal Gran ts General SUppOlt Services
Grants Writer PO Box 4748
Clearwater, FL 33758-4748
John Szabo Library 100 N. Osceola Ave.
Library Director Clearwater, FL 33755
Cyndi Hardin Planning & Development Planning Development Services
Assistant Plar.ning PO Box 4748
Director Clearwater, FL 33758-4748
2
December 8, 1999
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Background: In Winter, 1996-97, a citywide task force was organized to study the need for additional
events and venues in the City of Clearwater. The task force consisted of members of the Pinellas Arts
Council, Ruth Eckerd Hall, the Chambers, Junior League, and various county and city departments.
The result was a strategic plan to improve, organize, fund, and market more events in Clearwater.
One of the recommendations of the task force was to establish an Office of Cultural Arts and Events.
Another recommendation was to establish a 501 C3 foundation, which could raise grant funds that are
not available to governmental entities.
Funding: In 1998/99, the Commission budgeted $250,000 into a project code called 501C3 Services.
It was to be a self-supporting code, which would provide seed monies to create events, with the funds
from those events returned to the code. The Commission also recommended creating a 19-member
foundation, made up of 10 voting members from the community and 9 non-voting members from city
staff. .l\t that time, the City also solicited resumes and applications for a director of the cultural arts/
special events office. This office was not funded, but it was decided that the Foundation should be
established to solicit grants and sponsor events in the areas of cultural, literary, and educational
projects.
The Foundation is requesting $50,000 from the project code as matching funds for grant applications
and seed monies for oroanizational operational costs.
Foundation Board: In December 1999, the Clearwater Arts! Foundation was incorporated with the
State of Florida, with ten voting members representing community arts organizations and leadership,
including those on the original events/venues task force. The proposed membership was
disseminated for review in September, the 10 incorporat.ors signed the Articles of Incorporation in
November, and the foundation was incorporated with the Secretary of State on December 2, 1999.
The organizational meeting was held on January 14, 2000 to elect officers, draft bylaws, and
authorize the signature of legal documents required by the State and IRS to make the foundation
leaal and ooerational.
Proposed Projects: Projects planned for 2000-2001 include First Night Clearwater (a New Year's
Eve festival of the arts); the 4th annual Clearwater Folk Arts Festival, and the Times Festival of
Reading, which will be held in Clearwater in 2001. The Foundation can also assist with the
incorporation of public art into proposed capital projects.
."I'~~ ',. '. .~l, . ..r, :' .,'~.'l. .':.:'. ' '~",..',:,}"l.'. >:. ,......'.. ':_1"\ ~'. "':.':I,-~ ,~,1.~, ",') ", '..i~~ ',,' .,~., t.,....'..':...
AGREEMENT
This Funds Agreement is made and entered into between the City of Clearwater, Post
Office Box 4748, Clearwater, Florida 33758-4748, hereinafter referred to as the City,
and Clearwater Arts! Foundation. Inc., 1130 Cleveland Street, Clearwater, Florida
33757, hereinafter referred to as the Foundation.
WHEREAS, the City desires to provide programs and activities in the cultural,
educational, and literary arts for the citizens of Clearwater; and
WHEREAS, grants and corporate funds are frequently only made available to a 501 (c)3
tax exempt non-profit organization; and
WHEREAS. representatives of existing cultural organizations in the City have agreed to
work together with Foundation members to jointly sponsor civic cultural events and
projects;
NOW, THEREFORE, the parties agree as follows:
ARTICLE I. TERM
The term of this agreement shall be for a period of twelve (12) months commencing on
the date of this agreement and shall be extended on an annual basis on the
anniversary date of this agreement until either party terminates the agreement with
thirty (30) days written notice to the other party.
ARTICLE II. RESPONSIBILITIES OF THE FOUNDATION
1. Services to be Provided: The Foundation is a 501 (c)3 organization set up to
promote public support and presentation of artistic and cultural events and activities in
the City. Services shall include, but shall not be limited to visual arts, music,
architecture and preservation of historic buildings and venues for such events and
activities. The Foundation shall also encourage and support the establishment and
maintenance of art museums within the City.
2. Area to be Served: SeNices rendered through this agreement shall be provided
within the corporate limits of the City as it now exists and as its boundaries may be
changed dUiing he term of this agreement.
3. Scheduled Reports of Foundation Activities: The Foundation shall furnish the
City Human Relations Department, Grants Coordinator, with an annual report of
activities conducted under the provisions of this agreement within sixty days of the end
of the Foundation's fiscal year. Each report is to identify the number of clients served,
the costs of such service, and commentary on the viability, effectiveness, and trends
affecting the program.
I;:;t
4. Use and Disposition of Funds Received: Funds received by the Foundation
from the City shall be used to pay for the above services as further described in a
separate budget proposal submitted by the Foundation to the City.
5. Creation, Use, and Maintenance of Financial Records:
a) Creation of Records: Foundation shall create and maintain financial and
accounting records, books, documents, policies, practices, procedures
and any information necessary to reflect fully the financial activities of the
Foundation. Such records shall be available and accessible at all times
for inspection, review, or audit by authorized City representatives.
b) Use of Records: Foundation shall produce such reports and analyses
that may be required by the City and other duly authorized agencies to
document the proper and prudent stewardship and use of the monies
received through this agreement.
c) Maintenance of Records: All records created hereby are to be retained
and maintained for a period not less than five (5) years from the
termination of this agreement.
6. Non-discrimination: Notwithstanding any other provisions of this agreement
during the term of this agreement, the Foundation for itself, agents and representatives,
as part of the consideration for this agreement, does covenant and agree that it shall
not exclude participation in, or deny the benefit of, or otherwise discriminate in the
operation of its programs:
7. Liability and Indemnification: The Foundation shall act as an independent
contractor and agrees to assume all risks of providing the program activities and
services herein agreed and all liability therefore, and shall defend, indemnify, and hold
harmless the City, its officers, agents, and employees from and against any and all
claims of loss, liability, and damages of whatever nature, to persons and property,
including, without limiting the generality of the foregoing, death of any person and loss
of the use of any property, except claims arising from the negligence or willful
misconduct of the City or City's agents or employees. This includes, but is not limited to
matters arising out of or claimed to have been caused by or in any manner related to
the Foundation's activities or those of any approved or unapproved invitee, contractor,
subcontractor, or other person approved, authorized, or permitted by the Foundation in
or about its premises whether or not based on negligence.
2
ARTICLE III. RESPONSIBiliTIES OF THE CITY
3
1. Grant of Funds: The City agrees to provide a grant of $50,000 to fund the
program for the first year in accordance with this agreement and subject to City
Commission budget approval. The Foundation is authorized to carry over any
unexpected portion of said funding into subsequent years. Future grants are
subject to annual budget approval by the City Commission. It is anticipated that
the Foundation will become self-supporting through charitable contributions and
fund raising activities.
2. Payments: The total amount of this grant will be paid by the City to the
Foundation within 30 days after execution of this agreement by the City and the
Foundation but no earlier than October 1 of the budget year for which the funds
are authorized.
ARTICLE IV. DISCLAIMER OF WARRANTIES
This Agreement constitutes the entire Agreement of the parties on the subject hereof
and may not be changed, modified, or discharged except by written Amendment duly
executed by both parties. No representations or warranties by either party shall be
binding unless expressed herein or in a duly executed Amendment hereof.
ARTICLE V. TERMINATION
For Cause: Failure to adhere to any of the provisions of this agreement as determined
by the City shall constitute cause for termination. This agreement may by terminated
with five (5) days' notice without any further obligation by City.
ARTICLE VI. NOTICE
Any notice required or permitted to be given by the provisions of this agreement shall
be conclusively deemed to have been received by a party hereto on the date it is hand-
delivered to such party at the address indicated below (or at such other address as
such party shall specify to the other party in writing), or if sent by registered or certified
mail (postage prepaid), on the fifth (5th) business day after the day on which such
notice is mailed and properly addressed.
1. If to City, addressed to City Manager, P.O Box 4748, Clearwater, Florida 33758.
2. If to Foundation, addressed to Clearwater Arts! Foundation, Inc. , c/o Lynn
Wargo, Registered Agent, 1130 Cleveland Street, Clearwater, Florida 33757.
. .
. . . " . j . , f,', ' ,I.. '" . \ ..
~
. .
.
.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this
day of ,2000.
CLEARWATER ARTS! FOUNDATION, INC. CITY OF CLEARWATER, FLORIDA
By: By:
Michael J. Roberto
City Manager
Brian J. Aungst
Mayor-Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
Approved as to form:
Leslie K. Dougall-Sides
Assistant City Attorney
.. .
.
."
ARTICLES OF INCORPORATION
QE
CLEARWATER ARTSI FOUNDATION, INC.
The undersigned by these Articles associate themselves for the
purpose of forming a corporation not for profit under Chapter 617, Florida
Statutes, and certify as follows:
ARTICLE I. NAME
The name of the corporation, hereinafter called the IICorporation",
shall be CLEARWATER ARTS! FOUNDATION, INC.
ARTICLE II. PRINCIPAL OFFICE
The principal place of business and mailing address of this
Corporation shall be: 1130 Cleveland Street, P.O. Box 2457, Clearwater,
Florida 33757.
ARTICLE III. PURPOSES
The specific purposes for which the corporation is organized are
exclusively for educational, charitable, and scientific purposes within the
meaning of Section 501 (c)(3) of the Internal Revenue Code of 1954 and to
that end to promote public support and presentation of artistic and cultural
events and activities within the City of Clearwater, Florida, including the
visual arts, music, architecture and preservation of historic buildings and
sites, to provide venues for such events and activities, and to encourage
and support the establishment and maintenance of art museums within the
City of C lea rwater.
ARTICLE IV. LIMITATIONS AND RESTRICTIONS
A. No part of the net earnings of the Corporation shall inure to the
benefit of any member, Director, officer of the Corporation, or any private
individual (except that reasonable compensation may be paid for services
rendered to or for the Corporation affecting one or more of its purposes),
and no member, Director, officer of the Corporation, or any private
individual shall be entitled to share in the distribution of any of the corporate
assets on dissolution of the Corporation. No substantial part of the
.~ " ~ * ~ . ,: ....',> " - I . r. \ ,~ . t *' .I , .. \ I ' \. I .... ~
I' , . . '.' .' . '.. (-,' ,.' ~ '.' '. .
activities of the Corporation shall be the carrying on of propaganda, or
otherwise attempting to influence legislation, and the Corporation shall not
participate in or intervene in (including the publication or distribution of
statements) any political campaign on behalf of any candidate for public
office.
B. Notwithstanding any other provision of these Articles, the Corporation
shall not conduct or carry on any activities not permitted to be conducted or
carried on by an organization exempt from federal income tax under
Section 501 (c)(3) of the Internal Revenue Code and its Regulations as they
now exist or as they may hereafter be amended, or by an organization,
contributions to which are deductible under Section 170(c)(2) of such Code
and Regulations as they now exist or as they may hereafter be amended.
C. Upon the dissolution of the Corporation or the winding up of its affairs,
the assets of the Corporation remaining after payment of all costs and
expenses of such dissolution shall be distributed exclusively to charitable,
religious, scientific, literary, or educational organizations which would then
qualify under the provisions of Section 501 (c)(3) of the Internal Revenue
Code and its Regulations as they now exist or as they may hereafter be
amended, and none of the assets will be distributed to any member, officer
or director of the Corporation or to any private individual.
ARTICLE V. TAX EXEMPT STATUS
It is intended that this corporation shall have the status of a
corporation which is exempt from federal income taxation under Section
501 (a) of the Internal Revenue Code as an organization described in
Section 501 (c)(3) of the Internal Revenue Code, and which is other than a
private foundation by reason of being described in Section 509(a)(1), (2), or
(3) of the Internal Revenue Code. These Articles shall be construed
accordingly, and all powers and activities of the Corporation shall be limited
accordingly.
ARTICLE VI. TERM
This Corporation shall exist perpetually, unless dissolved according to
law.
I . .' . . . I . /, 4' .' , " " I ....
ARTICLE VII. MEMBERS
The members of the Corporation shall constitute all persons
hereinafter named as subscribers and directors and such other persons as,
from time to time hereafter, may become members, in the manner provided
in the Bylaws of the Corporation or as may be elected by the members at
each annual meeting.
ARTICLE VIII. DIRECTORS
There shall be ten initial Directors of the Corporation, as follows:
. Nancy Hart, 1006 Eldorado Avenue, Clearwater, Florida 33767
. Gerri Raymond; 249 Windward Passage, Clearwater, Florida
33767
. Sheila Cole, P. O. Box 3573. Clearwater, Florida 33767
. Michael Meidel, 1130 Cleveland Street, P.O.. Box 2457,
Clearwater, Florida 33757
. Karen Vann, P.O. Box 7278, Clearwater, Florida 33758
. Robert A. Freedman, 1111 McMullen Booth Road, Clearwater,
Florida 33759
. Bruce Kotchey, 14700 Terminal Boulevard, Suite 229, Clearwater,
Florida 33762
. Isay Gulley, 608 Garden Avenue, Clearwater, Florida 33755
. Roxana Levin, 3311 Tang~~wood Trail, Palm Harbor, Florida
34685 L/S-O-J/~
. David Hardman, ~ Lakeview Drive, Palm Harbor, Florida
34683
Said initial Directors shall hold office until their successors are elected and
have qualified, or until removed.
ARTICLE IX. OFFICERS
The Officers of the Corporation shall be as provided in the Bylaws.
:it?'
. , " . , , , . .. ..' ~ \ " I ' .. d '1 r, ' .' . : . I~ ~ " ~: I .
ARTICLE X. MANNER OF ELECTION OF DIRECTORS
The manner in which the directors are elected or appointed shall be
as provided in the Bylaws.
ARTICLE XI. INITIAL REGISTERED AGENT
The initial registered agent of the Corporation shall be Lynn Wargo,
located at 1130 Cleveland Street, P.O. Box 2457, Clearwater, Florida
33757.
ARTICLE XII. BYLAWS
The Board of Directors of the Corporation shall make, adopt, alter,
amend and repeal such Bylaws of the Corporation for the conduct of the
business of the Corporation and the carrying out of its purposes as such
Directors may deem necessary from time to time. The Bylaws may be
altered, amended or repealed at any meeting of members of the
Corporation in the manner provided in the Bylaws.
ARTICLE XIII. AMENDMENT OF ARTICLES OF INCORPORATION
The power to alter, amend, or repeal the Articles of Incorporation of
this Corporation is vested in the Board of Directors. Such action must be
taken pursuant to a resolution approved by vote of two-thirds of all of the
Directors.
ARTICLE XIV. DEFENSE AND INDEMNIFICATION OF
OFFICERS AND DIRECTORS
The Corporation shall defend, indemnify, and hold harmless every
registered agent, director, or officer, any Executive Director, his or her
heirs, executors, and administrators against liability and against expenses
reasonably incurred in connection with any action, suit, or proceeding to
which such individual or individuals shall be made a party by reason of
being or having been a director, officer or Executive Director of the
Foundation, except with regard to such actions or matters that such
individual shall have been finally adjudicated in such action, suit, or
proceedings to be liable for willful misconduct. The foregoing right shall be
exclusive of any other rights to which such individual may be entitled.
);;"
. . r .' I . . \:., . . . . . ~, . , .
ARTICLE XV. INCORPORATORS
The names and addresses of the Incorporators to these Articles of
Incorporation are:
. Nancy Hart, 1006 Eldorado Avenue, Clearwater, Florida 33767
. Gerri Raymond, 249 Windward Passage, Clearwater, Florida
33767
. Sheila Cole, P.O. Box 3573, Clearwater, Florida 33767
. Michael Meidel, 1130 Cleveland Street, P.O. Box 2457,
Clealwater, Florida 33757
. Karen Vann, P.O. Box 7278, Clearwater, Florida 33758
. Robert A. Freedman, 1111 McMullen Booth Road, Clearwater,
Florida 33759
. Bruce Kotchey, 14700 Terminal Boulevard, Suite 229, Clearwater,
Florida 33762
. Isay Gulley, 608 Garden Avenue, Clearwater, Florida 33755
. Roxana Levin, 3311 Tanglewood Trail, Palm Harbor, Florida
34685 "~o-llf2If
. David Hardman, ~ Lakeview Drive, Palm Harbor, Florida
34683
IN WITNESS WHEREOF, the undersigned subscribers have executed
these A icles of Incorporation this day of , 1999.
- vdtMZ'~ ~L
, Incorporator Gerri Ray' . o;d~orporator
~
heila Cole, Incorporator
I{~.
Karen Vann, Incorporator
~ A . r ~"^""'--
Robert A. Freedman, Incorporator
1 '. . t ~ . , ." , , . . 'l' '. . ,'. . .
'.
:I
ley, (ncor orator
Rox na Levin, Incorporator
Qv~-
David Hardman, Incorporator
STATE OF FLORIDA )
COUNTY OF PINELLAS )
~ing instrumesCknOWledged before me this dt!!:day
of . 1999 by ~ ~ ,who is personally
known to me or who --fl3 . as
identi I ation a~id not) take an oath.
m.
OfF ~ ~;~~~pS~~~oo: I Notary Public, Commission No. ee6~ 1fS-~
JI>
No. CC639888
I) PInoOnalI1 Known 11 COw 1.0.
(Name of Notary typed, printed or stamped)
STATE OF FLORIDA )
COUNTY OF PINELl.J\S )
The foregoing instrument was acknowledged before me this ~ day
Z~:t~o~ 1~: ~as ~~ ~o~~
identification and who mG:{did not) take an oath.
, Notary Public, Commission No. e(!b3?~rf'
1 .
No. CC639888
II PI!noN:I1 Known II Oaw 1.0.
(Name of Notary typed, printed or stamped)
STATE OF FLORIDA )
COUNTY OF PINELLAS )
T:ng instrument ~rw~ before me ~his 9JI day
of 7l J. 1999 by & , who IS p~nallY
known to me "Or v/ho --has --prodaceu-
~ and who~(did not) take an oath.
0-, Notary Public, Commission No. CCb39g-f~
-
-as.....
Of HOLLY r.1 AuSANIO (Name of Notary typed, printed or stamped)
, (I
;! TAIl 0 O~ By Service Ins
tII PUBlIC . go.IlI......
No. CC639888
II Ptnonaltt I<nown II OM 1.0.
STATE OF FLORIDA )
COUNTY OF PINELLAS )
The foregoing instrument was acknowledged before me this ~ day
of No.:eN'\ber ,1999 by ('()ic..hlle I m~'de~, who is personally
known to me as-
ideRtmcation.a~ (did not) take an oath.
~~ '1l')J.;tM-- ,Notary Public, Commission No. ~8
..<JII' ~ MilI)'aM Bna
;i;::=c:::: (Name of Notary typed, printed or stamped)
STATE OF FLORIDA )
COUNTY OF PINELLAS )
~~ng instrument was ackno dged before me thisf-<hj' day
of ~ , 1999 by ~ ~ I who i3 pel:::sonatfy
knoY/n to me or who has produced L .. J. as
identification and who dididid not) take an oath.
J11. ~r-;-Notary Public, Commission No. C (!. 63 r a 4 ~
. ,4(.( S Jtt,<,J '.0
'.' . .' '~~"'IO
~.. . s;, ':'. ," . ~.\l ",~11'2001 (Name of Notary typed, printed or stamped)
';. PUBliC. no t
t\1o. CC639888
I J ~ JICnown 11 OI\W lD.
STATE OF FLORIDA )
COUNTY OF PINELLAS )
The foregoing instrument as acknowledged before me this J~day
of 1J~~ , 1999 by , who is-persorlaYy
;.)..
. \ ' '" ' ' , .' . ...Jf', .. . . ",. .
-kno\\'n to me or who has produced fL D~ '0 .L. ~
identification and who met (did not) take an oath.
as
\-~~~'J\\. ~ Jk
S~~(\i\ \{'{\., \\~nr'(~\\'
I Notary Public, Commissio ~~ SlJ~ANM.HACKm
~A)':J MY Cr;>MMISSION , CC 708052
(Name of Notary typed, pri t~T..st:'AEs:Ja~&2~a.
STATE OF FLORIDA )
COUNTY OF PINELLAS )
~Oing instrument was acknowled
of , 1999 by
known --to me er who- has produced
identification and who cJtd:{did not) take an oath.
ed before me this3;tLday
, who ~y
. ~ .
.. as
I Notary Public, Commission No.
(Name of Notary typed, printed or stamped)
STATE OF FLORIDA )
COUNTY OF PINELLAS )
~Oing instrument
of , 1999 by
known to me
_nd who aiU:(did not) take an oath.
h1.~
, Notary Public, Commission No. ce b :3 ? f g 8"
ed before me this.8~ day
, who is personally
-as-
- ~'.'_' 4 ~uSANIO
(Name of Notary typed, printed or stamped)
STATE OF FLORIDA )
COUNTY OF PINELLAS )
The foregoing instrumen~a~ aCkno~efore me this 5tl-.,day
ofn~^- , 1999 by crq..t1A\~~ I who is'--PQf3onatty
"'; .' I J ., I. . . . ~ . . . .' . \" ' . " '.
)
-known -to ma or who has produced F'L JJr) V€l~'5 L <.e. n ~
identification and who did (did not) take an oath. ~r~
~ ft(A'~':. SUSAN M. HACKETT t
~ ~ ~ \f\. ~:,,",:'" MY COMMISSION t1 CC 7010&' ,
. ~~ \\\- p~, Notary Public, Commission <r!~:."....:::~:=::=<'
~\}..~'\\ ~\ 'I \\n (\ '<.L~ (Name of Notary typed, printed or stamped) -.co.,
as
STATE OF FLORIDA )
COUNTY OF PINELLAS )
. The foregoing instrument was acknowledged before me this3# day
of 1lM..~ , 1999 by ~~ ,who_
-known to me or WRe- has produced FL. ~ ~~ as
ide,,~i "a~~!p:~~ not) take an oath.
~~T~~o% yCommExp.4fc?MOOl I Notary Public, Commission No. (!,C63r~ffr
No. CC639888
11~1CIoln IIOhrl.o.
(Name of Notary typed, printed or stamped)
STATEMENT OF REGISTERED AGENT
Having been named as registered agent and to accept service of process
for the above stated corporation at the place designated in this certificate, I
hereby accept the appointment as registered agent and agree to act in this
capacity. I further agree to comply with the provisions of all statutes
relating to the proper and complete performance of my duties, and I am
familiar with and accept the obligations of my position as a registered
agent.
// - 3 ' 1 f
Date
. .. '. " , ", \ ,,/ I ,'. ,~' , ' ,/ ,,' '. / ,
. ,
.
. . -
The foregoing instrument ~OWledged before me this ~aY of
~I 1999 by WaJ1&;q .' who i~ personally
known to me or who has produced . 1. U1.lfttl\ ',;, riJ ~ as
identification and who did-(did not) take an oath.
~)..~~,~ ,Notary Public, Commission
5\ \6c\ 1'\ "{\,\, ~cx: m (Name of Notary typed, prin
SUSAN M. HACKETT
~oe & 80ncltng Co
) . 11' '. 1\" I . ~. \' ". (.: I I . \.: . .' . " .
" .',' ,"" .. .,1.\-.. f , I
,., '.
, " "!. .", q.' . ":. .~.
". '<.\' . . ,
Item #36
{),/2J1
>, I ~ " .. ' , . }. " " , . i "" 1, l ,l.' f ." '1 . ", ,,' ( .' :' ' , '., . ~ .,' t '
.~vJ~
Clearwater City COlnlnission
Agenda Cover Melnorandllln
Work session Item #:
Final AQenda Item #
3<;;
Meetinq Date:
02/03/00
SUBJECT/RECOMMENDATION: Award a contract for "Sand Key Sailing Cente.. - Boat Ramps (99-
0005-MA) to Harvey-Taddeo, Inc. of Oldsmar, Florida for the sum of $115,361.40 which is the lowest
responsible bid received in accordance with the plans and specifications,
ng and that the appropriate officials be authorized to execute same.
SUMMARY:
" The existing Sailing Center boat ramps have deteriorated to the point they are no longer functional and must
be replaced.
. Since the required work is inside Clearwater Harbor, water quality shall be maintained by meeting all
marine safety requirements and by developing a work method to prevent any debris from falling into
the State waters. All permits have been acquired by the City, the Contractor having the obligation to
obtain the usual building permit from the Clearwater Planning & Development Services Department.
. This project will start as soon as possible after award and execution of contract, and is scheduled
to be completed within 45 calendar days.
Reviewed by: Originating Dep~~ 19 Costs $115,361.40
Legal ~ Info Srvc N/A Public Works A ini ration Total
Budget V Public Works ,/ ~ User Dept. b Funding Source:
Purchasing ~ DCM/ACM .- Marina \t1~ Current CI
FY
Risk Mgmt N/A other N/A Attachments OP
Ot her
Submitted by: i o None
City Manager Appropriation Code:
315-93470-563800-541-000
-
.~
\.1 Printed on recycled paper
Rev. 2/98 Sand Key Sailing Center - Boat Ramps.crt
-,
.:.~
3~
SAND KEY SAILING CENTER. BOAT RAMPS (99-0005-MA)
.... -.-.,-----,. -.- .,. -- .__.~-_.-_. -----.'--.--.-.-
BID OPENING - THURSDAY, JANUARY 6,2000 AWARD. THURSDAY, FEBRUARY 3,2000
-------- ---~_...~-, . _.... .' -..., -----, - ---'~_._-'-
HARVEY-TADDEO, INC.
OLDSMAR, FL.
BID ITEMS - - - U :- aTV UNIT r--~~I~ -~RICE I AMOUNT
ENVIRONMENTAL AND EROSION CONTROL, INCLUDING---.---r- ----~--- I -.--.---- I
DOUBLE FLOATING TURBIDITY BARRIERS, TURBIDITY. i
1 MONITORING, ETC. ____~-_.~_~ 20,000.00 ' $
SAW CUT/REMOVE & DISPOSE OF EXISTING CONCRETE i !
2 SLABS AND STEEL MATS : 645 : C.F. ! $
.~ ~ ---.+-
EXCAVATE, REMOVE & DISPOSE OF ANY CONCRETE, ROCKS,/
3 DEBRIS, ETC.
20,000.00
18.00 $
11,610.00
260
C.Y. : $
I
I
10.00 : $
,
2,600.00
PLACE & COMPACT #57 CRUSHED STONE SUBBASE, AND .
4 STABILIZE BEDDING IF NECESSARY (TRUCK_M~~?U!3_~l_ ._._.~~Q.___.~:~:...:.$_......._~9.00 j $
FURNISH & INSTALL "PETRAFLEX" FLEXIBLE MAT SYSTEM ~
, " i
5 INCLUDING GEOTEXTfLE AND ANCHORS, ETC. ..____w___..-1..~1.~_~f.:-~.$_____._.14.00 i $
POUR-IN-PLACE 6" CONCRETE SLAB EXTENSIONS, . i
6 INCLUDING 1/'2" EXPANSION JOINTS 384 SF $ 6000 ! $
. _.___.___.._. .__.. .. ..._.___.. _.._...._ ___. ______.__ J
PROVIDE PEDESTRIAN, VEHICULAR AND BOAT TRAFFIC i
7 CONTROL, BARRICADES, SIGNS, ETC. .____________h.. .._~~~:._. _~._._~_~OO i $.
jPREPARATION. INSTALLATION & MANAGEMENT OF PROJECT
8 SIGN(S) __.____ .. _ __ .__. _ __ __ ... . ..
SUB- TOTAL
5,200.00
39,424.00
23,040.00
2,500.00
----,- ._- --- --.... . - .
9 11 0% CONTING~NC~_._.... .
I
I
50000 $ 500.00
- -- ,_.._.--~..--..-._----
~.~...._ 104,874.00
LS $ 10,48~~~:~ __._.J..Q.48?.40
BIDDER'S GRAND TOT AL..~_ .!!.~~~~.:40
EACH $
BIDS SOLICITED - 76
Contractors Picking Up Plans a~Specs_~____.___ __ _.'_
Contractors S~bmitting Bids - 1 __n..__" _.___ .
No Response. 5 ______________. h_.. . _.
Kammin.ga & Roodvoets, In.c:::...-_____ .___ ..___. ..
Seaway Marine Contractors, Inc:____ . __ .... . .
Caladesi Construction Comp_~~y__.______ ._..._.___
Durocher Dock & Dredg~,_J~c;:_. n.. _ ._. ". .n_ __._. ._.
C.E.M. Enterprises, Inc.
I
~."-_. .-..------.--- ---.. ----
"j
".'
, '" "1 'J, . , fl. I, ',' ~,'~' " .,....'.~ " " " '. 'I, :X:. .,:' ~t'f .'~ -.., ;,'. r" . .. - - ", ,_..., : '.,:~ '. .,.. '. '
'a. "3'ce>
SUBJECT/RECOMMENDATION: Authorize release of that certain Easement for waterlines and
related facilities Qranted bv WRC Properties, Inc. on October 22. 1980 as recorded in O. R.
Book 5138. Paqe 489. Pinellas County Public Records, in respect to its encumbrance of Phase
III-Arbor Office Center. beino a portion of Section 20, Township 29 South, RanQe 16 East. as
more particularly described in the Partial Release of Easement documenting said release,
rvJ3
Clearwater City COlnmission
Agenda Cover Melnorandulll
Worksession Item #:
Final Aqenda Item #
37
M eetinq Date:
I&l and that the appropriate officials be authorized to execute same.
SUMMARY:
· On October 22. 1980 WRC Properties. Inc. (" WRC") qranted the City a blanket easement for
waterlines and related facilities over an approximatelv 19.7 acre site, now larQelY developed as the
Arbor Shoreline Office Center (" Arbor Property"), between U. S. Highway 19 and Old Tampa Bay.
· On the same date WRC Qranted the City a specificallv described Water, Sewer, DrainaQe and Utility
Easement (the II Second Easement") extendinQ between U. S. Hiqhwav 19 and Tampa Bay over the
north 20 feet. and other portions. of the Arbor Property. RiQhts Qranted to the City in this easement
will not be effected by the proposed partial release of the blanket easement.
o Phase '"-Arbor Office Center. containinQ approximatelv 9 acres. is the onlv remainina portion of the
Arbor Property not yet developed.
· The only City water facilities now located upon the undeveloped portion of the property lie and are
maintained totally within the II Second Easement",
· Lineare HoldinQs. Inc. (" Lincare") is now the owner of the remaininq undeveloped portion of the
Arbor Property.
· Lincare has requested the City release this portion of the Arbor Property from the encumbrance of the
blanket easement because there are presently no water, sewer, drainaQe or related facilities
constructed upon tile property, other than the water line lying within the "Second Easement".
· Upon development of the property in conformity with a site plan approved by the City. Lineare will be
obliQed to Qrant the City additional easements as may be necessary to maintain all of its
infrastructure facilities.
Reviewed by:
Legal ~
Budget NA
Purchasing NA
Risk Mgmt fi=
Submitted by:
City Manager
Printed on recycled paper
-.
.,
Originating Oept: ,'1/)/1 Costs NA
Info Srvc N~ Public Work Total
Public \Norks /~ User Dept. Funding Source:
DCM/ACM ..... Current FY CI
Other NA Attachments OP
at her
-----
[X ] None
Code'
Rev. 2/98
[ARBOR EAS REL AGN ewb 01/00.doc)
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CITY OF CLEARWATER. FLORIDA
PUBLIC WORKS ADMINISTRATION
ENGINEERING
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ARBOR SHOREUNE
OFFICE CENTER
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THIS IS NOT A SUR~Y
Hatch Pattern Indicates
Land Parcel To Be
Released From Blanket
Waterline Easement
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20' Drain. &: Uti!. Esmt. OR
(To Be Retained)
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01/04/2000
CITY OF CLEARWATER. FLORIDA
PUBLIC WORKS ADt.4INISTRATION
ENGINEERING
ARBOR SHOREUNE
OFFICE CENTER
EASEMENT DRAWlNC
EXHIBIT
_NO.
99-17
IIIlP
1 Of 1
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Prepared by and return to:
R. Carlton Ward, Esq. (pb)
Richards, Gilkey, Fite, et al.
1253 Park street
Clearwater, Florida 33755
~TIAL RELEASE OF EASEMENT
This Partial Release of Easement is made this day of
, 2000, by the City of Clearwater, Florida, a
Florida Municipal corporation, (hereinafter referred to as
"clearwater").
WIT N E SSE T H:
WHEREAS, on October 22, 1980, Clearwater, as Grantee, did
receive that certain easement recorded in O.R, Book 5138, beginning
at page 489, of the public records of Pinellas County, Florida,
which easement was for the purpose of the installation, operation
and maintenance of waterlines and related facilities, ("Easement");
and
WHEREAS, the Easement is what is commonly referred to as a
"blanket easement'l and specifically provides that "Grantee agrees
that upon the actual installation and construction of the waterline
and related facilities that the above blanket easement shall be
redefined and a substitute easement shall be recorded based on the
actual description of the in place waterline and related
facilities"; and
WHEREAS, on October 2, 1980, recorded in O,R. Book 5138,
beginning at page 493 of the public records of pinellas County,
Florida, Clearwater did receive another easement entitled "Water,
Sewer, Drainage and utility Easement" (hereinafter referred to as
the "Second Easement"), \.Jhich Second Easement provided a specific
legal description across the property encumbered, and not a blanket
description; and
WHEREAS, the specific location of the installation and
construction of the waterline and related facilities referred to in
the Easement with respect to that portion of the property
encumbered by the Easement commonly referred to as Phase 3 of Arbor
Shorelines has been verified, which location is within the
boundaries of the property encumbered by the Second Easement; and
WHEREAS, Lincare Holdings Inc., a Delaware corporation, who is
the owner of the property referred to as Phase 3 of Arbor
Shorelines and more particularly described in Exhibit "A" attached
hereto and incorporated herein, ("Phase 3"), and desires to have
Clearwater release Phase 3 from the encumbrance of the easement;
and
WHEREAS, Clearwater is willing and agreeable to release Phase
3 from the encumbrance of the Easement because the waterlines and
related facilities covered by the Easement ~rp. Jocated within the
property encumbered by the Second Easement.
NOW, THEREFORE, for good and va luable cons ideration I the
receipt and sufficiency of which is hereby acknowledged, Clearwater
does hereby declare as follows:
1, The above recitals are incorporated herein as true and
correct.
2. Clearwater does hereby remise, release, quit claim,
exonerate and discharge from the encumbrance and operation of the
Easement and unto Lincare Holdings Inc" a Delaware corporation,
its heirs, successors and assigns, that piece, parcel or tract of
City Clerk
;
. ..
land described in Exhibit "A" attached hereto and incorporated
herein, being a part of the premises it encumbered by the Easement.
IN WITNESS WHEREOF, the City of Clearwater has caused this
Partial Release of Easement to be executed on the day and date
indicated.
Signed in the presence of:
Print Name:
CITY OF CLEARWATER, FLORIDA
a Florida Municipal corpor-
ation
Print Name:
By:
city Manager
Attest:
Countersigned:
Mayor - Commissioner
Approved as to form and correctness:
City Attorney
STATE OF FLORIDA
COUNTY OF PINELLAS
I HEREBY CERTIFY that on this day before lIIe personally
appeared
and , re-
spectively city Manager, city Attorney, City Clerk and Mayor-
Commissioner of the City of Clearwater, Florida, a municipal
corporation, to me known to be the individuals and officers
described in and who executed the foregoing Partial Release of
Easement and severally acknowledged the execution thereof to be
their free act and deed as such officers thereunto duly authorized,
and that the official seal of said municipal corporation is duly
affixed thereto, and the said conveyance is the act and deed of
said corporation.
WITNESS my hand and official seal this
, 2000.
day of
Notary Public
Name:
My commission expires:
c:wpdocs/parrel.l1n
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EXHIBIT"A"
(Page 1 of 2)
PHASE III - ARBOR OFFICE CENTER
From the Northwest corner of Government Lot 2, the same being
the Northwest corner of the Southwest 1/4 of the Northwest 1/4 of
Section 20, Township 29 South, Range 16 East, Pinellas County,
Florida, as a Point of Reference; thence S. 89 degrees, 13'12"E.,
along the North line of said Lot, 100.00 feet to an intersection
with the Easterly right-of-way line of U.p. Highway 19 (state Road
#55, a 200.00 foot right-of-way) to the Point of Beginning; thence
continue S. 89 degrees 13112" E., along said line 830.60 feet;
thence leaving said line S. 00 degrees 52'25" W., 825.00 feet to
the South line of Taylor and Blanton's Subdivision as recorded in
Plat Book 1, Page 16, Public Records of Hillsborough County,
Florida, of which Pinellas County was formerly a part; thence along
the boundary of said plat by the following three (3) courses:
1. N. 89 degrees 13'12" W., 130.60 feet;
2. N. 00 degrees 52'25" E., 420.00 feet;
3. N. 89 degrees 13'12" W., 700.00 feet;
to an intersection with the aforementioned right-of-way line of
u.s. Highway 19, thence N. 00 degrees 52125" E., along said line
405.00 feet to the above-mentioned Point of Beginning.
EXHIBIT "A':
(Page 2 of 2)
NW Cor. SW " NW "
Sect. 20 Twsp. 29$ Rng. 16E
(NW Cor. C..-mt. Lot 2)
S 89'3.12"E
(N. Une Gvmt. L 2)
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NORTH
Scale 1 N 2001
This Is Not A Survey
S 8913'12" E
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CITY OF CLEARWATER. fLORIOA
PUBLIC WORKS AO....INISTRATlON
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12/16/99
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AR80R SHOREUNE L .99-17A
OFfiCE CEN rER KX1
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8:..MIKET WATERLINE EASEIJENT lIlCT.'rlI'_
TO BE RELEASED 20-29S-I&[
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rw5
Clear\vater City Commission
Agenda Cover ivlemorandull1
....
Work Session Item #:
Final AQenda Item # 3~
Meetinq Date: ~ ' J ' dO
SUBJECT/RECOM M ENDA TION: Approve PAC (Pre-approved Advanced Cleanup)
Contract, in the amount of $132,840 with the Department of Environmental Protection
to share contamination assessment and site remediation costs at the Clearw ater Beach
Seafood site located at 37 Causeway Boulevard,
00 and that the appropriate officials be authorized to execute same.
SUMMARY:
· In 1994, petroleum contamination was discovered at ttle Clearwater Seafood site, formerly a retail
service station, A Contamination Assessment was completed in 1995, just prior to the state closing
its' reimbursement program. Since then, an estimate of $375,000 for remediation has kept the City
from continuing the clean-up and site rehabilitation without state funding.
· In June 1999, the City submitted an application to the Department of Environmental Protection
(Department) Pre-approved Advance Cleanup (PAC) program. This program awards state funds to
assist with contamination assessment and remediation of petroleum-contaminated sites.
. Preliminary testing for the PAC application estimated total site remediation costs at $270,000. The
City proposed a 41 % - 59% cost share with the Department. In October, the City was notified of its'
success in the bidding process, and was awarded funding based on this cost share ratio.
. Complete site remediation, anticipated by the State to take five years, will be scheduled as follows:
Year 1 (FY 1999-2000)
Year 2 (FY 2000-2001)
Year 3 (FY 2001-2002)
Year 4 (FY 2002-2003)
Year 5 (FY 2003-2004)
$ 17,220 - Contamination AssessmenURemedial Action Plan
$ 86,100 - Install Remediation System and 0 & M - 1st Year
$ 19,680 - Operations & Maintenance - 2nd Year
$ 4,920 - Monitoring Only - One (1) year
$ 4,920 - Well Abandonment & Demobilization
. Total City cost share - $132,840 (41%); total Department cost share - $191,160 (59%).
(These amounts include a 20% reserve, as required by the Department)
8 This project does not qualify for the use of the Infrastructure Tax revenue in Groundwater Quality
Protection (315-96111). Therefore, the General Fund revenue from S. R. 60 Corridor Beautification
(315-92262) will be transferred to a new project - Environmental Assessment & Site Clean-up (315-
94803). The General Fund revenue taken from 315-92262 will be replaced by a transfer of the
Infrastructure Tax revenue (Pennies) from Groundwater Quality Protection (315.96111).
Reviewed by:
Legal ~
Budget ~
Purchasing
Risk Mgmt. NtA
Info. Services: NtA
Public Work~-f' ))1)
DCMtACM
GSS NI A
Originat ing Depart ment:
Engineering , ;7
User Department:
Engineering
Attachments:
Costs
Total $132.840
Current FY $17,220
Funding Source:
CI
OP
Solid Waste
Nt
other
Submitted by:
City Manager
o None
Appropriation Code:
315-94803-561000-539-000
Rev. 2/98
Printed on recyded paper
AGREEMENT FOR PREAPPROVED ADVANCED CLEANUP
This Agreement is entered into by and between the Florida Department of Environmental
Protection (hereinafter "Department"), whose address is 3900 Commonwealth Boulevard,
Tallahassee, Florida, and the City of Clearwater (hereinafter "Applicant"), whose address
is Post Office Box 4748, Cleanvater, Honda 33758-4748, (collectively the "Parties") to
perform preapproved advanced cleanup of certain contamination which is described in
Attachment A of this Agreement at the Abandoned Service Station (Clearwater Beach
Seafood) Facility located at 37 Causeway Boulevard, Clearwater, Horida, DEP Facility
LD, NO, 529401877.
WHEREAS, in accordance with Section 376,30713, F.S" the Department is authorized to
approve an application for preapprovcd advanced cleanup at eligible sites, prior to
funding based on the site's priority ranking established pursuant to Section
376,307 l(S)(a) , F.S,;
WHEREAS, in accordance with Section 376.30713, F.S" the Department accepted
Applicant's Preapproved Advanced Cleanup application based on the Applicant's
representations and covenants contained therein;
WHEREAS, consistent with Sections 376,3071(5) and 376.30711, F,S" and the rules and
guidance adopted thereunder, the Department, in consultation with the Applicant and
based on the limited contamination assessment report, has conceptually agreed to the site
rehabilitation strategy described in Attachment A, which the Applicant understands may
be different than the proposed course of action submitted in the application; and
1
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WHEREAS, the Applicant and the Department desire to enter into an Agreement to share
the costs of site rehabilitation as set forth below in order to effect site rehabilitation
pursuant to Sections 376,30711 and 376,30713, F.S" and Chapter 62-770, F,A.C,
NOW, THEREFORE, in consideration of the mutual benefits to be derived herefrom, and
other good and valuable consideration; the Department and the Applicant do hereby agree
as follows:
GENERAL,
1. The Parties will each contract separately with a site rehabilitation contractor (the
"Designated Contractor") to effect site rehabilitation. The Applicant agrees to cause the
Designated Contractor to submit work plans and related documents to the Department
requesting approval for the site rehabilitation strategy. The Department will review such
proposals promptly in accordance with the internal procedures of the Preapproval
Program and will issue work orders directly to the Designated Contractor for
;.-:..
implementation of the approved site rchabili tation strategy, Such work orders will be
effective upon execution of the Department and the Designated Contractor.
2, All activities associated with the performance of this Agreement shall be in
conformance with the provisions of Chapter 376, F.S" and Chapter 62-770, Florida
Administrative Code, All other terms and conditions, including payments by the
Department of its cost share, under this Agreement shall be construed in confonnance
with the provisions of Sections 376,30713 and 376.30711, F,S, The parties hereto agree
that this Agreement shall additionally be subject to the applicable provisions of Section
287,058, F.S,
3, In addition to the limitations set forth in Section 376,30713, F.S" the limitations and
provisions governing the Early Detection Incenti ve Program as set forth in Section
376.3071, the Abandoned Tank Restoration Progr'lm (A TRP) as set forth in Section
376.305, F.S, and Department rule, and the Petroleum Liability and Restoration Insurance
Program (PLRlP) as set forth in Section 376,3072, F.S" and Department rule, shall
continue to apply, The funding caps shall be as established under the respective original
programs but in no event shall funding from the Inland Protection Trust Fund exceed the
funding caps established in Section 376.30713(4), F,S. Further, the deductible provisions
and closure requirements governing the Abandoned Tank Restoration Program and the
Petroleum Liability and Restoration Insurance Program shall continue to apply to the
contamination which is the subject of this Agreement, and shall not count towards the
Applicant's cost share commitment under this Agreement. Any deductib1es due the
Department under A TRP or PLRIP shall be paid to the Department promptly upon
execution of tllis Agreement and prior to the issuance of any work order to the Designated
Contractor. Any closure requirements under A TRP shall be fulfilled prior to execution of
this Agreement. By entering into this Agreement, the Applicant is bound by the terms of
this Agreement, even in the event that the facility's priority score would othef\vise entitle
the Applicant to proceed with site rehabilitation under Section 376,3071 I, F.S" during
the teffi1 of this Agreement.
2
4, The Applicant understands that during the course of site rehabilitation, that the
Department may, based on the statutes, rules and guidance of the Department, revise the
site rehabilitation strategy due to technical or cost considerations, Any changes made by
the Department to the site rehabilitation strategy which will not increase the Applicant's
share of total cleanup costs specified in paragraphs 6 and 12 may be made unilaterally by
the Department and will not require the Applicant's consent. However, in this event the
Applicant may elect, upon the Department's consent, to continue a more costly or
aggressive site rehabilitation strategy at the Applicant's sole cost and expense, and the
Department's obligation to cost share under this Agreement shall be suspended until such
time as the Panies can mutually agree upon the appropriate future site rehabilitation
strategy and costs, Changes proposed by the Department to the site rehabilitation strategy
which would increase the Applicant's share of total cleanup costs in excess of the amount
contemplated in paragraph 6 will be made only with the Applicant's consent.
TERM OF AGREEMENT AND SPENDING LIMITS.
5. This Agrcement is effective on the date of execution and shall be in effect for 48
months, by which timc site rchabilitation subjcct of this Agreement shall be completed,
based on the estimated completion time contained in the site rehabilitation strategy and
limited contamination assessment report. The Agrecment may be tenninated earlier upon
mutual agreement of the Parties. The Parties reserve the right to renew this Agreement
for an additional period of time not to exceed the original term of the Agreement in order
to effect site rehabilitation.
6. The ceiling amount of this Agreement shall be $191,160.00, which represents the
Depa.rtrnent's estimated cost share (plus an additional reserved amount of 20% of the
Department's cost share) of the total costs of site rehabilitation. The Department and the
Applicant have estimated, based upon the site rehabilitation strategy and limited
contamination assessment report, total costs under this Agreement by both parties
cumulatively for the specified site rehabilitation activities to be $270,000.00 (the
"Estimated Cos!"). However, the Parties rccognize that due to unforeseen circumstances
which may exist or occur at the site during site rehabilitation, actual site rehabilitation
costs may either exceed or be less than this Estimated Cost. In the event that total
cumulative costs under this Agreement exceed the Estimated Cost, the Parties agree to
cost share, in their respective proportions, any excess site rehabilitation costs up to 20%
over the Estimated Cost. At any time during this Agreement, if it becomes evident that
site rehabilitation costs will exceed the Estimated Cost by more than 20%, the Parties
agree to reevaluate this Agreement, and to suspend site rehabilitation under this
Agreement, if necessary, for a term not to exceed 6 months. In this event, and if the
Parties agree to continue site rehabilitation under this Agreement in their respect.ive cost
share amounts, the Department reserves the right to amend this Agreement to increase the
ceiling amount of this Agreement, in the event that funding is available and the
Department finds it necessary or desirable to do so.
3
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COVENANTS AND REPRESENTATIONS OF THE DEPARTMENT.
7. Based on the Applicant's cost-sharing commitment to pay 41.00% of the total costs of
site rehabilitation as specified by the Applicant in the Preapproved Advanc~d Cleanup
application, the Department's cost-share is 59.00%. In accordance with Sections
376.30713 and 376.30711, F.S., and Paragraph 1 of this Agreement, the Department will
negotiate work orders with the Designated Contractor, and will thereby be responsible to
the Designated Contractor solely for the Department's percentage of its cost share as
specified in the work order.
8. The Department will review and approve site rehabilitation activities in accordance
with the terms of the work orders and Chapter 62-770, F.A.C., and shall make copies of
such documents available to the Applicant. The Applicant is funher advised and
understands that the Department may task a locally contracted county with review of site
rehabilitation documents or issuance of work orders under this Agreement.
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9. In accordance with Section 287.0582, F.S., the State of Aorida's pcrformance and
obligation to pay under this Agreement is contingent upon an annual appropriation by the
Legislature.
COVENANTS AND REPRESENTATIONS OF THE APPLICANT
10. The Applicant specifically readopt\) and reaffirms the covenants and representations
made in its application. To the extent that this Agreement does not specifically provide
otherwise. the application terms and conditions, as well as the representations and
covenants of the Applicant contained in the application are hereby incorporated by
reference. The Applicant further represents that it is a corporation in good standing in the
State of Aorida and is qualified to enter into this Agreement and is able to fully perform
its duties under this Agreement.
11. Within 30 days of execution of this Agreement, the Applicant shall submit a
Contractor Designation Form to the Department for approval in accordance with Section
376.30711, F.S.
12. The Applicant has made a cost-sharing commitment to pay 41.00% of the total costs
of site rehabilitati on as specified in the Preapproved Advanced Cleanup application,
which is estimated, based on the site rehabilitation strategy and limited contamination
assessment report, to be $270,000.00. In order to guarantee and secure its perfonnance to
the Department under this Agreement, the Applicant shall secure and maintain during the
life of this agreement an irrcvocable letter of credit or financial guarantee bond,
identifying the Department as the sole beneficiary, in an amount not less than
$132,840.00. which represenL\I the Applicant's cost share commitment (plus an additional
reserved amount of 20% of the Applicant's cost share). The Applicant may satisfy the
requirements of this Paragraph with a single letter of credit or financial guarantee bond
covering all sites for which it has executed a Preapproved Advanced Cleanup Agrcement;
provided that the letter of credit or financial guarantee bond shall be in an amount
sufficient to cover the specified site rehabilitation costs of all such sites. The Applicant
shall establish a standby trust fund account as a requirement of this paragraph. A copy of
the letter of credit or financial guarantee bond is attached hereto as Attachment B. A
copy of the standby trust fund account agreement is attached hereto as Attachment C.
The letter of credit or financial guarantee bond maintaincd under this Agrecment shall not
be for the benefit of any person but the Department. The Applicant, on no more
frequently than a quarterly basis, may rcquest the letter of credit or financial guarantee
bond be reduced to reflect its remaining obligation for site rehabilitation costs as site
rehabilitation progresses. Additionally, in the event that the estimated cost of site
rehabilitation increascs under Paragraph 6. and the Parties agree to continue site
rehabilitation under this Agreement, the Applicant agrees to increase the amount of the
letter of credit or financial guarantee bond accordingly, when requested by the
Department. The letter of credit or financial guarantee bond and standby trust fund
ac.count agreement shall serve as the financial mechanism supporting the Applicant's
performance to the DcparU11ent under this Agreement. If the Department establishes) at
4
any time during the term of this Agreement, a material breach in accordance with the
terms and conditions of this Agreement, then the Department may draw down on the
letter of credit or financial guarantee bond and activate the standby trust fund account
agreement, in order to fulfill the Applicant's commitment and complete site rehabilitation
as specified in this Agreement and the site rehabilitation strategy.
13. The Applicant agrees to provide within 5 days of execution a copy of any and all
agreements with any Designated Contractor performing site rehabilitation activities
subject to this Agreement. The Applicant shall be subject to the prompt payment
provisions of Section 215.422, F.S., upon receipt of an invoice for its cost share
commitment from the Designated Contractor, when such invoice is accompanied by a
written approval by the Department of the work completed. Within 40 days of payment
to the Designated Contractor, the Applicant shall provide to the Deparunent proof of such
payment, which shall include a copy of the Applicant's paid and canceled check to the
Designated Contractor or a certification by the Designated Contractor that the invoice
amount specified in the certification was paid and indicating the date such payment was
received by the Designated Contractor from the Applicant. In accordance with Section
376.30711, F.S., it is unlawful for the Applicant to receive any remuneration, in cash or in
kind, from the Designated Contractor perfonning site rehabilitation activities that are
subject to this Agreement. The Applicant is further prohibited from entering into any
agreement with the Designated Contractor which would have the effect of reducing the
Applicant's cost share commitment under this Agreement.
14. The Applicant shall maintain books, records, documents and other evidence
pertaining to compensation and payment') directly pertinent to perfonnance under this
Agreement in accordance with generally accepted accounting principles and practices
consistently applied. The Department, the State or their authorized representatives shall
have access, without cost, except reasonable costs associated with photocopying such
records, to such records for audit purposes during the term of this Agreement and for five
years following termination of this Agreement.
TERMINATION OF AGREEMENT AND REMEDIES FOR BREACH OF
AGREEMENT.
15. This Agreement may be terminated for material breach of obligations by either party.
:Material breach means substantial failure to comply with the terms and conditions of this
Agreement. A party terminating the Agreement shall give written notice of the breach to
the other party within 14 days of discovery of facts giving rise to the breach. Such notice
shall be of sufficient detail so that the party allegedly in breach can fonnulate a remedy.
If the breach is remedied within 15 days of the notice, the Agreement shall remain in
effect. If the breach is not remedied within 15 days of the notice, the Agreement may be
terminated within 15 days of the close of the 15 day remedy period. In the event that the
Department determines, in its sole discretion, that the Applicant is in breach of this
Agreement, the Department reserves the right to exercise all remedies at law and equity,
including but not limited to, suit for specific perfonnance and action to draw on the letter
5
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of credit or financial guarantee bond and activate the standby trust fund account
agreement maintained under this Agreement. In the event that the Department is in
breach of this Agreement, then the Applicant reserves the right to exercise all remedies at
law.
16. The Department reserves the right to unilaterally cancel this Agreement for refusal by
the Applicant to allow public access to all documents, papers, letters or other material
subject to the provisions of Chapter 119, ES., and made or received by the Applicant in
conjunction with this Agreement.
NOTICES
17. Any notice or written communication required or permitted hereunder between the
parties shall be considered delivered when posted by Certified Mail, Return Receipt
Requested, or delivered in person to the appropriate Party Representative, as designated
below. The Deparunent shall give reasonable notice (and not less than any specifically
required under this Agreement) of its inspection of documents, conduct of audits, review
of files, request for information, request for copies or otherwise relating to the exercise of
such rights as referred to in this Agreement. Party Representatives are as follows:
For the Department:
For the Applicant:
Mike Sole, Chief
Bureau of Petroleum Storage Systems
Deparunent of Environmental Protection
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
Phone (904) 488-3935
Mahshid Arasteh
Director of Engineering
City of Clearwater
Public Works Administration
Post Office Box 4748
Clearwater. Florida 33758-4748
Phone (727) 562-4757
Each Party shall have the right to change its Representative upon ten days written notice
to the other Party.
OWNERSHIP OF EQUIPMENT.
18. Upon completion of site rehabilitation, the Parties shall cause an inventory to be
performed of any equipment purchased by the Parties as part of the shared costs. The
Parties shall then mutually agree upon an appropriate division of such equipment based
upon their respective proportionate share of payment of the shared costs. During the tenn
of this Agreement, any equipment purchased by the Parties shall only be used at the site
which is the subject of this Agreement or other sites where the Parties have an executed
Preapproved Advanced Cleanup Agreement. Equipment or machinery owned solely by a
Party or purchased or leased directly by a Party (other than a shared cost) shall remain the
property of that Party.
6
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. .
SITE ACCESS.
19. The Parties recognize that the Applicant is neither the current owner nor the operator
of the site that is the subject of this Agreement. The Applicant will use its best efforts to
obtain a site access agreement from the current site owner. If an access agreement cannot
be obtained, the Applicant shall immediately notify the Department of its inability to
obtain site access. The Applicant and the Department will then use their best efforts to
obtain site access for the Parties in order for the Designated Contractor to conduct site
rehabilitation. The failure to obtain site access does not constitute a material breach of
this Agreement, provided, however, the Parties may upon failure to obtain site access
mutually agree to terminate the Agreement in accordance with paragraph 5.
AMENDMENTS
20. Any amendment to this Agreement must be in writing and signed by the Parties.
ASSIGNMENT
21. This Agreement shall not be assigned by either Party without prior written consent of
the non-assigning Party.
CHOICE OF LA WIFORUM.
22. The Parties hereby agree that any and all actions or disputes arising out of this
Agreement shall be governed by the laws of the State of Florida; and any such actions
shall be brought in Leon County, Florida.
ENTIRE AGREEMENT
23. It is hereby understood and agreed that this Agreement states the entire agreement.
and understandings between the Parties, and that the Parties are not bound by any
stipulations, representations, agreements or promises, oral or otherwise, not printed in this
Agreement.
7
0\.1 er-
NO ADMISSION OF LIABILITY.
24. This Agreement shall not constitute, be interpreted, construed or used as evidence of
any admission of liability, law or fact, a waiver of any right or defense, nOf an estoppel
against any party, by the Parties as between themselves or by any other person or entity
not a party. However, nothing in this paragraph whatever is intended or should be
~
construed to limit, bar or otherwise impede the enforcement of any term or condition of
this Agreement against any Party to this Agreement by any Party to this Agreement.
FOR THE APPLICANT:
FOR THE DEPARTMENT:
Title:
Title:
Date:
Date:
Countersigned:
City of Clearwater, Florida
Brian J. Aungst
Mayor-Commissioner
By:
Michael J Roberto
City Manager
Approved as to form:
Attest:
John Carassas
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
8
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STATE OF FLORIDA
APPROVED FORM OF STANDBY TRUST FUND AGREEMENT
TO DEMONSTRATE FINANCIAL ASSURANCE FOR
PETROLEUM CONTAMINATION SITE REHABILITATION
(Check one as applicable)
D
D
Petroleum Cleanup Participation
Program Agreement, Section
376.3071(13), F.S.
Preapproved Advanced
Cleanup Program Agreement,
Section 376.30713, F.S.
TRUST AGREEl\tENTt the "Agreement," entered into as of
(Date)
by and between
(Name oC 1M Responsibfe Pari,)
a
(Name of slate)
(Insert "corporation," "parlnership," "a.uodation," 01' "proprielonhlp")
. the "Grantor,"
I
and
(Name and Address or Corporate Truslee)
. the "Trustee."
(lnsert "incorporated in the ,lale ~
.. 01' ". national bank" )
WHEREAS, the Florida Department of Environmental Protection (FDEP), an agency of the State of Florida, requires the
responsible party to provide assurance that funds will be available when needed for the actions required under the
preapproved course of action for site rehabilitation.
WHEREAS, the responsible party, as Grantor, has elected to establish a trust to provide all or part of such financial
assurance for the facilities identified herein,
WHEREAS, the Grantor, acting through its duly authorized officers, bas selected the Trustee to be the trustee under this
agreement, and the Trustee is willing to act as trustee,
NOW, THEREFORE, the Grantor and the Trustee agree as follows:
Section 1. Definitions. As used in this Agreement:
(a) The term "Grantor" means the owner or operator who enters into this Agreement and any successors or assigns of the
Grantor.
(b) The term "Trustee" means the Trustee who enters into this Agreement and any successor Trustee.
(c) The term "FDEP" means the Florida Department of Environmental Protection, an Agency of the State of Florida or
any successor thereof.
(d) The term "Required Actiont" as used in this document means corrective action required under the Agreement
specified above between tbe Grantor and the Department of Environmental Protection.
DEP Form BPSS-PAC-3 (10196)
Page 1 0'"
OVer-
Section 2. Identification of Facilities and Cost Estimates. This Agreement pertains to the facilities and cost estimates
Identified on attached ~ple A.
On ~h...IIJI.. A, ror neh racillly Iltt tbe. nlUlle. address. lUld IIw current "Rrquircd Action" cost estimates, 01' p<rtions thueor. ror which Ilnancial &SSlII'ancr is demonstrated
bylhb Ap-eemenL
Section 3. Standby Trust. This Trust shaD remain dormant until funded with the proceeds f..om the
as listed on ~chedJl.le 8.. The Trustee shaD have no duties or responsibilities
(111M" "lAtter oU':redit" 01' "~~eI7 Bond")
beyond safekeeping this Document. Upon funding tbis Trwt shall become active and be administered pursuant to
the terms of this instrument.
Section 4. Establishment of Fund. The Grantor and the Trustee hereby estabUsh a trust fund (the Fund), for tbe benefit of
the FDEP. Tbe Grantor and the Trustee intend that no third party have access to tbe Fund except as herein provided. The
Fund is established initially as consisting of tbe property, which is acceptable to the Trudee, described in SdJ~ll'J: Jl attached
hereto. Such property and any other property subsequently transferred to tbe Trustee is referred to as the Fund, together with
all earnings and profits thereon, less any payments or distributions made by the Trustee pursuant to this Agreement. The Fund
shaD be held by the Trustee, IN TRUST, a4i hereinafter provided. The Trustee shall not be. responsible nor shall it undertake
any responsibility for the amount or adequacy of, nor any duty to coUect from the Grantor, any payments necessary to
discharge any liabilities of the Grantor established by the FDEP.
Section 5. Pavment for Site Rehabilitation. The Trustee shall make payments from the Fund as the FDEP Secretary shall
direct, in writing, to provide for the payment of the Grantor's share of costs of "Required Actions" at the facilities covered by
this Agreement. The Trustee shall reimburse tbe Grantor or other persons as specified by the FDEP Secretary from the Fund
for "Required Action" expenditures in such amounts as the FDEP Secretary shall direct in writing. In addition, the Trustee
shaD refund to tbe Grantor such amounts as the FDEP Secretary specifies in writing. Upon refund, such funds shall no longer
constitute part of the Fund as defmed herein.
Section 6. Pavments Comprisine the Fund. Payments made to the Trustee for the Fund
shall consist of cash or securities acceptable to the Trustee and shall consist solely of
proceeds from the
(II1sert "Letter 01 Cr~l" 01' "Surety Bond")
Section 7. Trustee Manaeement. The Trustee shall invest and reinvest the principal and income of tbe Fund and keep the
Ftmd invested as a single fund, without distinction between principal and income, in accordance with general investment
policies and guidelines which the grantor may communicate in writing to tbe Trustee from time to time, subject, however, to the
provisions of this SectioD. In investing, reinvesting, exchanging, selling, and managing the Fund, the Trustee shaD discharge
his duties with respect to the trust fund solely in the interest of the benefICiary and with the care, skiD, prudence, and diUgence
under the circumstances then prevailing which persons of prudence, acting in 11 Hke capacity and familiar with such matters,
would use in the conduct of an enterprise of a like character and with like aims; except that:
(a) Securities or other obligations shall not be acquired or held, unless they are securities or other obligations of the
Federal or a State government;
(b) The Trustee is authorized to invest the Fund in time or demand deposits of the Trustee, to the extent insured by an
agency of the Federal 01' a State government; and
(c) The Trustee is authorized to hold cash awaiting investment or distribution uninvested for a reasonable time and
without liability for the payment of interest thereon.
Section 8. Commin1!line: and Investment. The Trustee is expressly authorized in its discretion:
(a) To transfer from time to time any 01' aU of the assets of the Fund to any common, commingled, or collective trust fund
created by the Trustee in which the Fund is eligible to participate, subject to all of the provisions thereof, to be commingled
with the assets of other trusts participating therein; and
(b) To purchase shares in any investment company registered under the Investment Company Act of 1940,15 V.S.C. 80a-1 et
seq., including one which may be created, managed, underwritten, or to which investment advice is rendered or the shares of
which are sold by the Trustee. The Trustee may vote such shares in its discretion.
DEP Form BPSS-PAC-3 (10196)
pasa- 2 of 4
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Section 9. Express Power of Tru~tee. 'Vilhout in any way limiting the powers and discretions conferred upon the Trustee
by the other provisions of this Agreement or by law, the Tr\L~tee is expressly authorized and empowered:
(a) To sell, exchange, convey, transfer, or otherwise dispose of any property held by it, by public or private sale. No
person dealing with the Trustee shaD be bound to see to the application of the purchase money or to inquire into the
validity or expediency of any such sale or other disposition;
(b) To make, execute, acknowledge, and deliver any and aU documents of transfer and conveyance and any and all other
instruments that may be necessary or appropriate to carry out the powers herein granted;
(c) To register any securities held in the Fund in its own name or in the name of a nominee and to hold any security in
bearer form or in book entry, or to combine certificates representing such securities with certificates of the same issue held
by the ~ in other fiduciary capacities, or to deposit or arrange for the deposit of such securities in a qualified central
depository even though, when so deposited, such securities may be merged and held in bulk in the name of the nominee of
such depository with other securities deposited therein by another person, or to deposit or arrange for the deposit of any
securities Issued by the United States Government, or any agency or instrumentality thereof, with a Federal Reserve
bank, but the books and records of the Trustee shall at all times show that all such securities are part of the Fund;
(d) To deposit any cash in the FWld in interest-bearing accounts maintained or savings certificates issued by the Trustee, in
its separate corporate capacity, or in any other banking institution affiliated with the Trustee, to the extent insured by
an agency of the Federal or a State government; and
(e) To compromise or otherwise adjust aU claims in favor or or against the Fund.
Section J o. Taxes and ExPenses. An taxes of any kind that may be assessed or levied against or in respect of the Fund and
all brokerage commissions incurred by the Fund shall be paid from the Fund. All other expenses incurred by the Trustee in
connection ",ith the admini~tr...tion of this Trust, including fees for legal services rendered to the Trustee, the compensation of
the Trustee to the extent Dot paid directl)' by the Grantor, and all other proper charges and disbursements of the Trustee shall
be paid from the Fund.
Section 11. Annual Valuation. The Tru..,tee shall annuaUy, at least 30 days prior to the anniversary date of establishment
of the Fund, furnish to the Grantor and to the Secretary of the FDEP a statement confirming the value of the Trust. Any
securities in the Fund shall be valued at market value as of no more than 60 days prior to the anniversary date of establishment
of the fund. The failure of the Grantor to object in writing to the Trustee within go days after the statement has been furnished
to the Grantor and the FDEP Secretary shall constitute a concllL~ively binding assent by the Grantor, barring the Grantor from
asserting any claim or liability against the Trustee with respect to matters disclosed in the statement.
Section 12. Advice of Counsel. The Trustee may Crom time to time consult with counsel, who may be counsel to the
Grantor, with respect to any question arising as to the construction of this Agreement or any action to be taken hereunder. The
Trustee shall be fully protected, to the extent permitted by law, in acting upon the advice of counsel.
Section 13. Trustee Compensation. The Trustee is authorized to charge against the
principal of the Trust its published Trust fee schedule in effect at the time services are rendered.
Section 14. Successor Trustee. The Trustee may resign or the Grantor may replace the Trustee, but such resignation or
replacement shall not be effective until the Grantor has appointed a successor Trustee and this successor accepts the
appointment. The successor trustee shall have the same powers and duties as those conCerred upon the Trustee hereunder.
Upon the successor trustee's acceptance ofthe appointment, the Trustee shall assign, transfer, aud pay over to the successor
trustee the funds and properties then constituting the Fund. If for any reason the Grantor cannot or does not act in the event of
the resignation of the Trustee, the Trustee may apply to a court of competent jurisdiction for the appointment of a successor
trustee or for instructions. The successor trustee sball specify the date on which it assumes administration of the tr\L~t in a
writing sent to the Grantor, FDEP Secretary, and the present Trustee by certified mail 10 days before such change becomes
effective. Any expenses incurred by the Trustee as a result of any of the acts contemplated by this Section shall be paid as
provided in Section 10.
Section 15. Instructions to the Trustee. AD orders, requests, and instructions by the Gr.mtor to the Trustee shall be in
writing, signed by such persons as are designated in the attached Rxhihit A or such other designees as the Grantor may
designate by amendment to Exh.ibitA. The Trustee shall be fully protected in acting without inquiry in accordance with the
Grantor's orders, requests, and instructions. All orders, requests, and instructions by the FDEP Secretary to the Trustee shall
be in writing, signed by the FDEP Secretary, or designee, and the Trustee shan act and shall be fully protected in acting in
accordance with such orders, requests, and instructions. The Trustee shall have the right to assume, in the absence of written
OEP Form BPSS-PAC-3 (10.'96) Page 3 of..
O\j~r
notice to the contrary, that no event constituting a change or a tennination of the authority of any person to act on behalf of the
Grantor or the li"DEP hereunder has occurred. The Trustee shaD have no duty to act in the absence of such orders, requests,
and instructions from the Grantor and/or the FDEP, except as provide~ for herein.
Section 16. Amendment of A2reement. This Agreement may be amended by an instrument in writing executed by the
Grantor, the Trustee, and the FDEP Secretary, or by the Trustee and the FDEP Secretary if'the Grantor ceases to exist.
Section t 7. Irrevocabilitv and Termination.. Subject to the right of the parties to amend this Agreement as provided in
Section 16, this Trust shaD be irrevocable and shaD continue until terminated at the written agreement of the Gl'antor, the
Trustee, and the FDEP Secretary, or by the Trustee and the FDEP Secretary, if the Grantor ceases to exist. Upon termination
of the Trust, all remaining trust property, less final trust administration expenses, shall be delivered to the Grantor.
Section 18. Immunity and IndemnirlCation. The Trustee shall not incur personal liability of any nature In connection with
any act or omission, made in good faith, in the administration of this Trust, or in carrying out any directions by the Grantor or
the FDEP Secretary issued in accordance with this Agreement. The Trustee shall be indemniraed and saved harmless by the
Grantor or from the Trust Fund, or both, from and against any personal liability to which the Trustee may be subjected by
reason of any act or conduct in its offidal capacity, Including all expenses reasonably incurred in its deCense in the event the
Grantor fails to provide such defense.
~ection 19. Choice of Law. This Agreement shan be administered, construed, and enforced according to the laws of the
State of Florida.
Section 20. Interpretation. As used in this Agreement, word" in the singular include the plural and words in the plural
include the singular. The descriptive headings for each Section of this Agreement shall not affect the interpretation or the legal
efficacy of this Agreement.
IN WITNESS WHEREOF the parties have caU'led this Agreement to be executed by their respective officers duly
authorized and their corporate seals to be hereunto affIXed and attested as of the date first above written.
Signature of. GrlU1t~
Signature 01 Trustee
Title
Title
Signature of. Witness ~ Notary
Signature of. Witness ~ Notary
Seal
Seal
DEP Form BPSS-PACa3 (10/96)
Page 4 0'4
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CERTIFICA nON OF ACKNOWLEDGMENT FOR
TRUST FUND AGREEMENT
State of
BELOW ARE EXAMPLES OF THE FOUR REQUIRED A 17 ACH.l\1ENTS THAT MUST ACCOMPANY A TRUST FUND
AGREEMENT. THEY ARE ONLY EXAMPLES OF FORMATS ACCEPfABLE TO THE DEPARTMENT. THEREFORE.
V ARIA TIONS CONTAINING TIlE REQUIRED INFORMA nON ARE ALSO ACCEPTABLE.
County of
The foregoing instrument wasacknowiedged before me this
as
day of
.19
.by
Name or per_
Type or authority, ",10, officer, trustee, etc.
for
. the corporation described in and which
Name orpart1 on behaU' or ""om il1$lrmnenl WlU executed
executed the above instrument.
Signature or Notary Public:, Slate of Florida
Print. Type, DC' sCamp Commissioned Name or Notar)' Public
Personally Known
or Produced Identification
Type or Identification Produced
SCHEDULE A
This Agreement demonstrates financial assurance Cor tbe Collowing cost estimate(s) for the Collowing racility(ies):
Indicate "Required Adion" ror each racilil)'
FDEP FAC I.D. No.:
ESTIl\1A TES:
COST
NAME:
PROPOSED ACTION $
ADDRESS:
TOTAL
$
DEP Form BPSS-PAC-3a . b (10196)
Page 1 of 2
O\J~Y
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SCHEDULE B
The Fund b established initiany as consisting or the following property:
Lilt the property wed to estMlisIl the tnlt raad (e.g. [check'
in the amount at $
L)
EXmBIT A
All orders, requests, and instructions by the grantor to the Trustee shall be in writing and signed by one of the fonowing
persons:
Name
Tide
Name
nde
Name
ntlc
DEP Form BPSS-PAC-3a & b (10196)
Page 2 012
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pvJ0
Clear\vater City Commission
Agenda Cover Menlorandurn
Work Session It em #:
Meetinq Date:
3CJ
~. 3~. GO
Final AQenda Item #
SUBJECT/RECOMMENDATION: Approve PAC (Pre-approved Advanced Cleanup)
Contract, in the amount of $270,600 with the Department of Environmental Protection to
share contamination assessment and site remediation costs at the Former Fleet
Maintenance Facility site located at 507 Vine Avenue,
(EJ and that the appropriate officials be authorized to execute same.
SUMMARY:
. In 1994, petroleum contamination was discovered at the Former Fleet Maintenance. A
Contamination Assessment was completed in 1995, just prior to the State closing its' reimbursement
program. Since then, an estimate of $700,000 for remediation has kept the City from continuing the
clean-up and site rehabilitation without State funding.
. In June 1999, the City submitted an application to the Department of Environmental Protection
(Department) Pre-approved Advance Cleanup (PAC) program. This program awards state funds to
assist with contamination assessment and remediation of petroleum-contaminated sites.
. Preliminary testing conducted for the PAC application confirmed that contamination has migrated
off-site, and estimated total site remediation costs at $ 550,000. The City proposed a 41 %-59%
cost share with the Department. In October, the City was notified of its' success in the bidding
process, and awarded funding based on Ulis cost share ratio.
I) Complete site remediation, anticipated by the State to take six years, will be scheduled as follows:
Year 1 (FY 1999-2000) $ 17,220 - Contamination Assessment/Remedial Action Plan
Year 2 (FY 2000-2001) $ 186,960 -Install Remediation System and 0 & M - 1s1 Year
Year 3 (FY 2001-2002) $ 24,600 - Operations & Maintenance - 2nd Year
Year 4 (FY 2002-2003) $ 24,600 - Operations & Maintenance - 3rd Year
Year 5 (FY 2003-2004) $ 9,840 - Monitoring Only - One Year
Year 6 (FY 2004-2005) $ 7,380 - Well Abandonment & Demobilization
I) Total City cost share - $270,600.00 (41 %); total Department cost share - $389,400.00 (59%).
(These amounts include a 20% reserve, as required by the Department.)
. This project does not qualify for the use of the Infrastructure Tax revenue in Groundwater Quality
Protection (315-96111). Therefore, the General Fund revenue from S. R. 60 Corridor Beautification
(315-92262) will be transferred to a new project - Environmental Assessment & Site Clean-up (315-
94803). The General Fund revenue taken from 315-92262 will be replaced by a transfer of
Infrastructure Tax revenue (Pennies) from Groundwater Quality Protection (315-96111).
Reviewed by:
Legal ~.
Budget ~
Purchasing
Risk Mgmt. N/A
Info. Services: N/A
Public Works ..-/-.-;~ ))/1
DCM/ACM
GSS N/A
Originating Departme~
Public Works Administration
User Department:
Public Works Administration
Costs
Total $270.600
Attachments:
Funding Source:
Current FY $ 17.220 CI
OP
Solid Waste
NI
::n her
Submitted by:
City Manager
o None
Appropriation Code:
315-94803-561000-539-000
Rev. 2/98
"'"
Printed on recyc
AGREEMENT FOR PREAPPROVED ADVANCED CLEANUP
This Agreement is entered into by and between the Florida Department of Environmental
Protection (hereinafter "Department"), whose address is 3900 Commonwealth Boulevard,
Tallahassee, Florida, and the City of Clearwater (hereinafter "Applicant"), whose address
is Post Office Box 4748, Clearwater, Florida 33758-4748, (collectively the "Parties") to
perform preapproved advanced cleanup of certain contamination which is described in
Attachment A of this Agreement at the City of Clearwater Fleet Maintenance Facility
located at 507 Vine Avenue, Clearwater, Florida, DEP Facility I.D. NO. 528631032.
WHEREAS, in accordance with Section 376.30713, F.S., the Department is authorized to
approve an application for preapproved advanced cleanup at eligible sites, prior to
funding based on the site's priority ranking established pursuant to Section
376.3071 (S)(a), F.S.;
WHEREAS, in accordance with Section 376.30713, F.S., the Department accepted
Applicant's Preapproved Advanced Cleanup application based on the Applicant's
representations tiL'1d covenants contained therein;
WHEREAS, consistent with Sections 376.3071(5) and 376.30711, F.S., and the rules and
guidance adopted thereunder, the Department~ in consultation with the Applicant and
based on the limited contamination assessment report, has conceptually agreed to the site
rehabilitation strategy described in Attachment A, which the Applicant understands may
be different than the proposed course of action submitted in the application; and
WHEREAS, the Applicant and the Department desire to enter into an Agreement to share
the costs of site rehabilitation as set forth below in order to effect site rehabilitation
pursuant to Sections 376.30711 and 376.30713, F.S., and Chapter 62-770, F.A.C.
NOW, THEREFORE, in consideration of the mutual benefits to be d\:rived herefrom, and
other good and valuable consideration, the Department and the Applicant do hereby agree
as follows:
1
6\j~f
GENERAL.
1. The Parties will each contract separately with a site rehabilitation contractor (the
"Designated Contractor") to effect site rehabilitation. The Applicant agrees to cause the
Designated Contractor to submit work plans and related documents to the Department
requesting approval for the site rehabilitation strategy. The Department will review such
proposals promptly in accordance with the internal procedures of the Preapproval
Program and will issue work orders directly to the Designated Contractor for
.h,'
implementation of the approved site rehabilitation strategy. Such work orders will be
effective upon execution of the Department and the Designated Contractor.
2. All activities associated with the performance of this Agreement shall be in
confonnance with the provisions of Chapter 376, F.S., and Chapter 62-770, Florida
Administrative Code. All other terms and conditions, including payments by the
Department of its cost share, under this Agreement shall be construed in conformance
with the provisions of Sections 376.30713 and 376.30711, F.S. The parties hereto agree
that this Agreement shall additionally be subject to the applicable provisions of Section
287.058, ES.
3. In addition to the limitations set forth in Section 376.30713, F.S., the limitations and
provisions goveming the Early Detection Incentive Program as set forth in Section
376.3071, the Abandoned Tank Restoration Program (A TRP) as set forth in Section
376.305, F.S. and Department rule, and the Petroleum Liability and Restoration Insurance
Program (PLRIP) as set forth in Section 376.3072, F.S., and Department rule, shall
continue to apply. The funding caps shall be as established under the respective original
programs but in no event shall funding from the Inland Protection Trust Fund exceed the
funding caps established in Section 376.30713(4), F.S. Further, the deductible provisions
and closure requirements governing the Abandoned Tank Restoration Program and the
P~troleum Liability and Restoration Insurance Program shall continue to apply to the
contamination which is the subject of this Agreement, and shall not count towards the
Applicant's cost share commitment under this Agreement. Any deductibles due the
Department under A TRP or PLRIP shall be paid to the DepaItment promptly upon
execution of this Agreement and prior to the issuance of any work order to the Designated
Contractor. Any closure. requirements under A TRP shall be fulfilled prior to execution of
this Agreement. By entering into this Agreement, the Applicant is bound by the terms of
this Agreement, even in the event that the facility's priority score would otherwise entitle
the Applicant to proceed with site rehabilitation under Section 376.30711, F.S., during
the term of this Agreement.
2
4. TIle Applicant understands that during the course of si te rehabilitation, that the
Dcpartnlent may, based on the statutes, rules and guidance of the Department, revise the
site rehabilitation strategy due to technical or cost considerations. Any changes made by
the Department to the site rehabilitation strategy which will not increase the Applicant's
share of total cleanup costs specified in paragraphs 6 and 12 may be made unilaterally by
the Department and will not require the Applicant's consent. However, in this event the
Applicant may elect, upon the Department's consent, to continue a more costly or
aggressive site rehabilitation strategy at the Applicant's sole cost and expense, and the
Department's obligation to cost share under this Agreement shall be suspended until such
time as the Parties can mutually agree upon the appropriate future site rehabilitation
strategy and costs. Changes proposed by the Department to the site rehabilitation strategy
which would increase the Applicant's share of total cleanup costs in excess of the amount
contemplated in paragraph 6 will be made only with the Applicant's consent.
-
TERM OF AGREEMENT AND SPENDING LIMITS.
5. This Agreement is effective on the date of execution and shall be in effect for 48
months, by which time site rehabilitation subject of this Agreement shall be completed,
based on the estimated completion time contained in the site rehabilitation strategy and
limited contamination assessment report. The Agreement may be terminated earlier upon
mutual agreement of the Parties. The Parties reserve the right to renew this Agreement
for an additional period of time not to exceed the original term of the Agreement in order
to effect site rehabilitation.
6. The ceiling amount of this Agreement shall be $389,400.00, which represents the
Department's estimated cost share (plus an additional reserved amount of 20% of the
Department's cost share) of the total costs of site rehabilitation. The Department and the
Applicant have estimated, based upon the site rehabilitation strategy and limited
contamination assessment report, total costs under this Agreement by both parties
cumulatively for the specified site rehabilitation activities to be $550,000.00 (the
"Estimated Cost"). However, the Partics recognize that due to unforeseen circumstances
which may exist or occur at the site during site rehabilitation, actual site rehabilitation
costs may either exceed or be less than this Estimated Cost. In the event that total
cumulative costs under this Agreement exceed the Estimated Cost, the Parties agree to
cost share, in their respective proportions, any excess site rehabilitation costs up to 20%
over the Estimated Cost. At any time during this Agreement, if it becomes evident that
site rehabilitation costs will exceed the Estimated Cost by more than 20%, the Parties
agree to reevaluate this Agreement, and to suspend site rehabilitation under this
Agreement, if necessary, for a term not to exceed 6 months. In this event, and if the
Parties agree to continue site rehabilitation under this Agreement in their respective cost
share amounts, the Department reserves the right to amend this Agreement to increase the
ceiling amount of this Agreement, in the event that funding is available and the
Department finds it necessary or desirable to do so.
COVENANTS AND REPRESENTA nONS OF THE DEPARTMENT.
7. Based on the Applicant's cost-sharing commitment to pay 41.00% of the total costs of
site rehabilitation as specified by the Applicant in the Preapproved Advanced Cleanup
application, the Department's cost-share is 59.00%. In accordance with Sections
376.30713 and 376.30711, F.S., and Paragraph 1 of this Agreement, the Department will
negotiate work orders with the Designated Contraclor, and will thereby be responsible to
the Designated Contractor solely for the Department's percentage of its cost share as
specified in the work order.
3
o~-€-y-
8. The Department will review and approve site rehabilitation activities in accordance
with the terms of the work orders and Chapter 62-770, F.A.C., and shall make copies of
such documents available to the Applicant. The Applicant is further advised and
understands that the Department may task a locally contracted county with review of site
rehabilitation documents or issuance of work orders under this Agreement.
._.
9. In accordance with Section 287.0582, F.S., the State of Florida's performance and
obligation to pay under this Agreement is contingent upon an annual appropriation by the
Legislature.
COVENANTS AND REPRESENTATIONS OF THE APPLICANT
10. The Applicant specifically readopts and reaffirms the covenants and representations
made in its application. To the extent that this Agreement does not specifically provide
otherwise, the application terms and conditions, as well as the representations and
covenants of the Applicant contained in the application are hereby incorporated by
reference. The Applicant further represents that it is a corporation in good standing in the
State of Florida and is qualified to enter into this Agreement and is able to fully perform
its duties under this Agreement.
11. Within 30 days of execution of this Agreement, the Applicant shall submit a
Contractor Designation Foro} to the Department for approval in accordance with Section
376.30711, F.S.
12. The Applicant has made a cost-sharing commitment to pay 41.00% of the total costs
of site rehabilitation as specified in the Preapproved Advanced Cleanup application,
which is estimated, based on the site rehabilitation strategy and limited contamination
assessment report, to be $550,000.00. In order to guarantee and secure its performance to
the Department under this Agreement, the Applicant shall secure and maintain during the
life of this agreement an irrevocable letter of credit or financial guarantee bond,
identifying the Department as the sole beneficiary, in an amount not less than
$270,600.00, which represents the Applicant's cost share commitment (plus an additional
reserved amount of 20% of the Applicant's cost share). The Applicant may satisfy the
requirements of this Paragraph with a single letter of credit or financial guarantee bond
covering all sites for which it has executed a Preapproved Advanced Cleanup Agreement;
provided that the letter of credit or financial guarantee bond shall be in an amount
sufficient to cover the specified site rehabilitation costs of all such sites. The Applicant
shall establish a standby trust fund account as a requirement of this paragraph. A copy of
the letter of credit or financial guarantee bond is attached hereto as Attachment B. A
. copy of the standby trust fund account agreement is attached hereto as Attachment C.
The letter of credit or financial guarantee bond maintained under this Agreement shall not
be for the benefit of any person but the Department. The Applicant, on no more
frequently than a quarterly basis, may request the letter of credit or financial guarantee
bond be reduced to reflect its remaining obligation for site rehabilitation costs as site
rehabilitation progresses. Additionally, in the event that the estimated cost of site
rehabilitation increases under Paragraph 6. and the Parties agree to continue site
rehabilitation under this Agreement, the Applicant agrees to increase the amount of the
letter of credit or financial guarantee bond accordingly, when requested by the
Department. The letter of credit or financial guarantee bond and standby trust fund
account agreement shall serve as the financial mechanism supporting the Applicant's
performance to the Department under this Agreement. If the Department establishes, at
4
any time during the term of this Agreement, a material breach in accordance with the
terms and conditions of this Agreement, then the Department may draw down on the
letter of credit or financial guarantee bond and activate the standby trust fund account
agreement, in order to fulfill the Applicant~s commitment and complete site rehabilitation
as specified in this Agreement and the site rehabilitation strategy.
13. The Applicant agrees to provide within 5 days of execution a copy of any and all
agreements with any Designated Contractor perfonning site rehabilitation activities
subject to this Agreement. The Applicant shall be subject to the prompt payment
provisions of Section 215.422, F.S., upon receipt of an invoice for its cost share
commitment from the Designated Contractor, when such invoice is accompanied by a
written approval by the Department of the work completed. Within 40 days of payment
to the Designated Contractor, the Applicant shall provide to the Department proof of such
payment, which shall include a copy of the Applicant's paid and canceled check to the
Designated Contractor or a certification by the Designated Contractor that the invoice
amount specified in the certification was paid and indicating the date such payment was
received by the Designated Contractor [rom the Applicant. In accordance with Section
376.30711, ES., it is unlawful for the Applicant to receive any remuneration, in cash or in
kind, from the Designated Contractor performing site rehabilitation activities that are
subject to this Agreement. The Applicant is further prohibited from entering into any
agreement with the Designated Contractor which would have the effect of rcducing the
Applicant's cost share commitment under this Agreement.
14. The Applicant shall maintain books, records. documents and other evidence
pertaining to compensation and payments directly pertinent to performance under this
Agreement in accordance with generally accepted accounting principles and practices
consistently applied. The Department, the State or their authorized representatives shall
have access, without cost, except reasonable costs associated with photocopying such
records, to such records for audit purposes during the tcrm of this Agreement and for five
years following tem1ination of this Agreement.
5
(j \l~ r
TERMINA110N OF AGREEMENT AND REMEDIES FOR BREACH OF
AGREEMENT.
15. This Agreement may be terminated [or material breach of obligations by either party.
Material breach means substantial failure to comply with the terms and conditions of this
Agreement. A party tenninating the Agreement shall give written notice of the breach to
the other party within 14 days of discovery of facts giving rise to the breach. Such notice
shall be of sufficient detail so that the party allegedly in breach can fonnulate a remedy.
If the breach is remedied within 15 days of the notice, the Agreement shall remain in
effect. If the breach is not remedied within 15 days of the notice, the Agreement may be
terminated within 15 days of the close of the 15 day remedy period. In the event that the
Department determines, in its sole discretion, that the Applicant is in breach of this
Agreement, the Department reserves the right to exercise all remedies at law and equity,
including but not limited to, suit for specific performance and action to draw on the letter
of credit or financial guarantee bond and activate the standby trust fund account
agreement maintained under this Agreement. In the event that the Department is in
breach of this Agreement, then the Applicant reserves the right to exercise all remedies at
law.
16. The Department reserves the right to unilaterally cancel this Agreement for refusal by
the Applicant to allow public access to all documents, papers, letters or other material
subject to the provisions of Chapter 119, F.S., and made or received by the Applicant in
conjunction with this Agreement
NOTICES
17. Any notice or written communication required or permitted hereunder between the
parties shall be considered delivered when posted by Certified Mail, Return Receipt
Requested, or delivered in person to the appropriate Party Representative, as designated
below. The Department shall give reasonable notice (and not less than any specifically
required under this Agreement) of its inspection of documents, conduct of audits, review
of files, request. for information, request for copies or otherwise relating to the exercise of
such rights as referred to in this Agreement. Party Representatives are as follows:
For the Department:
For the Applicant:
Mike Sole, Chief
Bureau of Petroleum Storage Systems
Department of Environmental Protection
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
Phone (904)488-3935
Mahshid Arasteh
Director of Engineering
City of Clearwater
Public Works Administration
Post Office Box 4748
Clearwater, Florida 33758-4748
Phone (727) 562-4757
Each Party shall have the right to change its Representative upon ten days written notice
to the other Party.
OWNERSHIP OF EQUIPMENT.
18. Upon completion of site rehabilitation, the Parties shall cause an inventory to be
performed of any equipment purchased by the Parties as part of the shared costs. The
Parties shall then mutually agree upon an appropriate division of such equipment based
upon their respective proportionate share of payment of the shared costs. During the ternl
of this Agreement, any equipment purchased by the Parties shall only be used at the site
which is the subject of this Agreement or other sites where the Parties have an executed
Preapproved Advanced Cleanup Agreement. Equipment or machinery owned solely by a
Party or purchased or leased directly by a Party (other than a shared cost) shall remain the
property of that Party.
6
s
AMENDMENTS
19. Any amendment to this Agreement must be in writing and signed by the Parties.
ASSIGNMENT
20. This Agreement shall not be assigned by either Party without prior written consent of
the non-assigning Party.
CHOICE OF LAW /FORUM.
21. The Parties hereby agree that any and all actions or disputes arising out of this
Agreement shall be governed by the laws of the State of Rorida; and any such actions
shall be brought in Leon County, Florida.
ENTIRE AGREEMENT
22. It is hereby understood and agreed that this Agreement states the entire agreement
and understandings between the Parties, and that the Parties are not bound by any
stipulations, representations, agreements or promises. oral or otherwise, not printed in this
Agreement.
NO ADMISSION OF LlABll..ITY.
23. This Agreement shall not constitute, be interpreted, construed or used as evidence of
any admission of liability, law or fact, a waiver of any right or defense, nor an estoppel
against any party, by the Parties as between themselves or by any other person or entity
not a party. However, nothing in this paragraph whatever is intended or should be
7
o0~r
construed to limit, bar or otherwise impede the enforcement of any term or condition of
this Agreement against any Party to this Agreement by any Party to this Agreement.
FOR TIlE APPLICANT:
FOR THE DEPARTMENT:
Title:
Ti tIe:
Date:
Date:
Countersigned:
City of Clearwater, Florida
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
John Carassas
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
g
"
STATE OF FLORIDA
APPROVED FORM OF STANDBY TRUST FUND AGREEMENT
TO DEMONSTRATE FINANCIAL ASSURANCE FOR
PETROLEUM CONTAMINATION SITE REHABILITATION
(Check one as applicable)
D .. Preapproved Advanced
Cleanup Program Agreement,
Section 376.30713, F.S.
D
Petroleum Cleanup Participation
Program Agreement, Section
376.3071(13), F.S.
TRUST AGREEMENT, the "Agreemen~fl entered into as of
(Dale)
by and between
,
(Name or the Responsible Party)
a
. the "Grantor,"
I
(Name or state)
(Insert "corpor~lion." "partnership," "a.uociation," or "proprietor-ship")
and
(Name and Address of' Corporale Trustee)
. the "Trustee."
(Innr. "iDcOl'p(raled in the 5tate cl
" or "a natiOllDJ bank" )
WHEREAS, the Florida Department of Environmental Protection (FDEP), an agency of the State of Florida, requires.the
responsible party to provide assurance that funds will be available when needed for the actions required under the
preapproved a)urse of action for site rehabilitation.
WHEREAS, the responsible party, as Grantor, has elected to establish a trust to provide all or part of such financial
assurance for the facilities identified herein,
WHEREAS, the Grantor, acting through its duly authorized officers, has selected the Trustee to be the trustee under this
agreement, and the Trustee is willing to act as trustee,
NOW, THEREFORE, the Grantor and the Trustee agree as follows:
Section 1. Definitions. As used in this Agreement:
(a) The term "Grantor" means the owner or operator who enters into this Agreement and any successors or assigns of th"
Grantor.
(b) Thp. term "Trustee" means the Trustee who enters into this Agreement and any successor Trustee.
(c) The term "FDEP".means the Florida Department of Environmental Protection, an Agency of the State of Florida or
any successor thereof.
(d) The term "Required Action," as used in this document m'eans corrective action required under the Agreement
specified above between the Grantor and the Department of Environmental Protection.
DEP FCIf'm BPSS-PAC-3 (10196)
Page 1 0'4
6V~(
Section 2. Identification of Facilities and Cost Estimates. This Agreement pertains to the facilities and cost estima~cs
identified on attached Schedule A.
On ~h..d,".. A r.... eaeh rll(jJjt, llstlhe, name. adclrrss. and the aJlTent "Required Action" cosl estimates, 01' ponions thenar. rOl' which financial assurance is demonstrated
by Ibis AU<<Menl.
(Insert "lAlter oU':redlt" or "Surel, Bond")
Section 3. Standby Trust.. This Trust shall remain dormant until Cunded with the proceeds from the
as listed on Schedule B. The Trustee shaD have no duties or responsibilities
beyond safekeeping this Document. Vpon funding this Trust shall become active and be administered pursuant to
tbe terms of tbis instrument.
Section 4. Establishment of Fund. The Grantor and the Trustee hereby establish a trust fund (the Fund), for the benefit of
the FDEP. The Grantor and the Trustee intend that no third party have access to the Fund except as herein provided. The
Fund is established initially as consisting of the property, which is acceptable to the Trustee, described in Scht;JluI~ J\ attached
hereto. Such property and any other property subsequently transferred to the Trustee is referred to as the Fund, together with
all earnings and profits th2reon, Ies." any payments or distributions made by the TnlStee parsuant to this Agreement. The Fund
shall be held by the Trustee, IN TRUST, as hereinafter provided. The Trustee shall not be responsible nor shall it undertake
any responsibility for the amount or adequacy of, nor any duty to coDect from the Grantor, any payments necessary to
discharge any liabilities of the Grantor established by the FDEP.
Section S. Payment Cor Site Rehabilitation. The Trustee shall make payments Crom the Fund as the FDEP Secretary shall
direct, in writing, to provide for the payment of the Grantor's share of costs of "Required Actions" at the facilities covered by
this Agreement. The Trustee shall reimburse the Grantor or other persons as specified b)' the FDEP Secretary from the Fund
for "Required Action" expenditures in such amounts as the FDEP Secretary shall direct in writing. In addition, the Trustee
shall refund to the Grantor such amounts as the FDEP Secretary specifies in writing. Upon refund, such funds shall no longer
constitute part of the Fund as defined herein.
Section 6. Pavmenl~ ComDri~in2 the Fund. Payments made to the Trustee for the Fund
shall consist of cash or securities acceptable to the Trustee and shall consist solely of
proceeds from the
(Inurt "Leiter 01 Credit" m' "Surtly Bond")
Section 7. Irustee Mana2ement. The Trustee shall invest and reinvest the principal and income of the Fund and keep the
Fund invested as a single fund, without distinction between principal and income, in accordance with general investment
policies and guidelines which the grantor may communicate in writing to the Trustee from time to time, subject, however, to the
provisions of this Section. In investing, reinvesting, exchanging, selling, and managing the Fund, the Trustee shaD discharge
his duties with respect to the trust fund solely in the interest of the beneficiary and with the care, skiD, prudence, and diligence
under the circumstances then prevailing which persons oC prudence, acting in a like capacity and familiar with such matters,
would use in the conduct or an enterprise of a like character and with like aims; except that:
(a) Securities or other obligations shall not be acquired or heJd, unless they are securities or other obligations or the
Federal or a State government;
(b) The Trustee is authorized to invest the Fund in time or demand deposits of the Trustee, to the extent insured by an
agency of the Federal or a State government; and
DEP Form BPSS-PAC-3 (10J96)
Page 2 of4
(c) The Trustee is authorized to hold cash awaiting investment or distribution uninvested for a reasonable time and
without liability for the payment of interest thereon.
Section 8. Comminelin2 and Investment. The Trustee is expressly authorized in its dbcretion:
(a) To transfer from time to time any or aU of the assets of the Fund to any common, commingled, or collective trust fund
created by the Trustee in which the Fund is eligible to participate, subject to all of the provisions thereof, to be commingled
with the assel~ of other trusts participating therein; and
(b) To purchase shares in any investment company registered under the Investment Company Act of 1940, 15 V.S.C. 80a-l et
seq., including one which may be created, managed, underwritten, or to which investment advice is rendered or the shares of
which are sold by the Trustee. The Trustee may vote such shares in its discretion.
. " ~ r.' ~, ' l~ '. '\' ' :' , ., I ., . , , . .'
Section 9. F.xpres.~ Power ofTrust~ \Vithout in any way limiting the powers and discretions conferred upon the Trustee
by the other pro\'i.o;ions of this Agreement or by law, the Trustee is expressly authorized and empowered:
(a) To sell, exchange, convey, transfer, or otherwise dispose of any property held by it, by public or private sale. No
person dealing with the Trustee shall be bound to see to the application of the purchase money or to inquire into the
validity or expediency of any such sale or other disposition;
(b) To make, execute, acknowledge, and deliver any and aU documents of transfer and conveyance and any and all other
Instruments that may be necessary or appropriate to carry out the powers herein granted;
(c) To register any securities held in the Fund in its own name or in the name of a nominee and to hold any security in
bearer form or in book entry, or to combine certificates representing such securities with certificates of the same Issue held
by the Trustee in other fiduciary capacities, or to deposit or arrange for the deposit of such securities in a quaUOed central
depository even though, when so deposited, such securities may be merged and held in bulk in the name of the nominee of
such depository with other securities deposited therein by another person, or to deposit or arrange for the deposit of any
securities issued by the United States Government, or any agency or instrumentality thereof, with a Federal Reserve
bank, but the hooks and records of the Trustee shall at all times show that all such securities are part of the Fund;
(d) To deposit any cash in the Fund in interest-bearing accounts maintained or savings certificates isstied by the Trustee, in
its separate corporate capacity, or in any other banking institution affiliated with the Trustee, to the extent insured by
an agency of the Federal or a State government; and
(e) To compromise or otherwise adjust aU claims in favor of or against the Fund.
~ection 10. Taxes and ExPenses. AD taxes of any kind that may be assessed or levied against or in respect of the Fund and
all brokerage commissions incurred by the Fund shall be paid from the Fund. All other expenses incurred by the Trustee in
connection "ith the administration of this Trus~ including fees for legal services rendered to the Trustee, the compensation of
the Trustee to the extent not paid directly by the Grantor, and aU other proper charges and disbursements of the Trustee shall
be paid from the Fund.
Section 11. Annual Valuation. The Trustee shall annually, at least 30 days prior to the anniversary date of establishment
of the Fund, furnish to the Grantor and to the Secretary of the FDEP a statement confirming the value of the Trust. Any
securities in the Fund shan be valued at market value as of no more than 60 days prior to the anniversary date of establishment
of the fund. The failure oC the Grantor to object in writing to the Trustee within 90 days aner the statement has been furnished
to the Grantor and the FDEP Secretary shall constitute a conclusively binding assent by the Grantor, barring the Grantor from
asserting any claim or liability against the Trustee with respect to matters disclosed in the statement.
~ection 12. Advice of Counsel. The Trustee may from time to time consult with counsel, who may be counsel to the
Grantor, with respect to any question arising as to the construction of this Agreement or any action to be taken hereunder. The
Trustee shall be fully protected, to the extent permitted by law, in acting upon the advice of counsel.
Section 13. Trustee Compensation. The Trustee is authorized to charge against the
principal of the Trust its published Trust fee schedule in effect at the time services are rendered.
Section 14. Successor Trustee. The Trustee may resign or the Grantor may replace the Trustee, but such resignation or
replacement shall not be effective until the Grantor has appointed a successor Trustee and this successor accepts the
appointment. The successor trustee shall have the same powers and duties as those conferred upon the Trustee hereunder.
Upon the successor trustee's acceptance of the appointment, the Trustee shall assign, transfer, and pay over to the successor
trustee the Cunds and properties then constituting the Fund. If for any reason the Grantor mnnot or does not act in the event of
the resignation of the Trustee, the Trustee may apply to a court of competent jurisdiction for the appointment of a successor
trustee or for instructions. The successor trustee shaD speciCy the date on which it assumes administration of the trust in a
writing sent to the Grantor, FDEP Secretary, and the present Trustee by certified maillO days before such change becomes
effective. Any expenses incurred by the Trustee as a result of any of the acts contemplated by this Section shall be paid as
provided in Section IO.
Section 15. Instructions to the Trustee. AD orders, requests, and instructions by the Grantor to the Trustee shall be in
writing, signed by such persons as are designated in the attached Rxhibit A or such other designees as the Grantor may
designate by amendment to Exhibit A. The Trustee shall be fuDy protected in acting without inquiry in accordance with the
Grantor's orders, requests, and instructions. All orders, requests, and instructions by the FDEP Secretary to the Trustee shall
be in writing, signed by the FDEP Secretary, or designee, and the Trustee shaD act and shaD be fully protected in acting in
accordance with such orders, requests, and instructions. Th~ Trustee shaD have the right to assume, in the absence of written
DEP Form BPSS-PAC-3 (10196) P.ge 3 of 4
O\J ~r--
<' . j '. .~ '. , . . ". , \" , ' {. ,J . '" . '
notice to the contrary, that no event constituting a change or a termination of the authority of any person to act on behalf of the
Grantor or tbe .'DEP bereunder has occurred. The Trustee shaD have DO duty to act in the absence of such orders, relJuest.~ .
and instructions from the Grantor and/or the FDEP, except as provided for herein.
Section 16. !\ mendment of A2reement. This Agreement may be amended by an instrument in writing executed by the
Grantor, the Trustee, and the FDEP Secretary, or by the Trustee and the FDEP Secretary if the Grantor ceases to exist.
Section 17. Irrevocabilitv and Termination. Subject to the right of the parties to alDend this Agreement as provided in
Section 16, this Trust shaD be irrevocable and shaD continue until terminated at the written agreement orthe Grantor, the
Trustee, and the FDEP Secretary, or by the Trustee and the FDEP Secretary, irthe Grantor ceases to exist. Upon termination
of the Trust, aD remaining trust property, less t"mal trust administration expenses, shaD be delivered to the Grantor.
Section 18. bnmunitv and Indemnifk.ation. The Trustee shaD not incur personal liability of any nature in connection with
any ad or omission, made in good faith, in the administration of this Trust, or in carrying out any directions by the Grantor or
the FDEP Secretary issued in accordance with this Agreement. The Trustee sbaD be indemnified and saved harmless by the
Grantor or from the Trust Fund, or both, from and against any personal Uability to which the Trustee may be subjected by
reason of any act or conduct in its offiaal capacity, including aU expenses reasonably incurred ill its defense in the event the
Grantor fails to provide such defense.
Section 19. Choice ofI~aw. This Agreement shall be administered, construed, and enforced according to the laws of the
State of Florida.
Section 20. Interpretation. As used in this Agreement, words in the singular include the plural and words in the plural
include the singular. The descriptive headings Cor each Section of this Agreement shall not affect the interpretation or the legal
efficacy or this AgreemenL
IN WITNESS \VHEREOF the parties have caused this Agreement to be executed by their respective officers duly
authorized and their corporate seals to be hereunto afnxed and attested as of the date ftrst above written.
Signature at Trust~
Signature ~ Gunllr
Tide
Title
Signature at \\1tne.s Ir Notary
Signature at Witness 01' NolArJ
Seal
Sui
DEP Form BPSs-PAC-3 (10196)
Page 40f4
'};.~,.
. ,
..
CERTIFICATION OF ACKNOWI.lEDGMENT FOR
TRUST FUND AGREEMENT
State of
BELOW ARE EXAMPLES OF THE FOUR REQUIRED ATI ACHMENTS THAT MUST ACCOMPANY A TRUST FUND
AGREEMENT. THEY ARE ONLY EXAMPLES OF FORMATS ACCEPTABLE TO THE DEPARTMENT. THEREFO~
VARIATIONS CONTAINING THE REQUIRED INFORMATION ARE ALSO ACCEPTABLE.
County of
The foregoing Instrument was aclmowledged before me this
as
day of
.19
. by
NJlhJe~persoo
Twe or authoril,.. e.g., clJ'jeer, trustee, elc.
. the corporation described in and which
for.
Name of pllZ'ty on btha.l! or whim Instrument was executed
executed the above instrument.
Signature 01 Notary Public. State or Florida
Prin.. Type, or Stamp Commissioned Name 01 Notary Public
Personally Known
or Produced Identification
Type of Identification Produced
SCHEDULE A
This Agreement demonstrates rwanda} assurance for the following cost estimate(s) for the following racility(ies):
Indicate "Required Action" (or each lacility
FDEP FAC 1.0. No.:
ESTIMATES:
COST
NAl\IE:
PROPOSED ACTION $
ADDRESS:
TOTAL
$
ove((,
DEP Form BPSS-PAC-3a & b (10196)
Page 1 of 2
'. ~ ~ f f \ .' .' , " , ,I , , . , \
.. .
SCHEDULE B
The Fund is established initially as consisting of the following property:
List the property osed 10 establish the trust fund (e.g.leheck'
in the &m0Wl1 ul $
I.)
EXHIBIT A
All orders, requests, and instructions by the grantor to the Tru.c;tee shall he in writing ond signed by one of the foUo,,,ing
persons:
Name
Tide
Name
Tille
Name
Tille
DEP Form BPSS-PAC-3. & b (10196)
Page 2 of 2
.
. ..
" I \.... , f" . , '." . ,'II' .
, .,,,
. ~ .;.:. .,:~' . ,".... '.
. Item #40
'rt
I LC? tJ
, I . "', . t ." { . , , ' .. , ~','"' ,~ " .. ' , . I." . ' . ". "": n
A1)t:
LfO
f{cparc~ by & return to:
Earl Barrett
Engineering Department
City of Clearwater
P. O. Box 4748
Clearwater. F1. 34618-4748
DRAINAGE & UTILITY EASEMENT
FOR AND IN CONSIDERATION of the sum of One Dollar (S1.00) in hand paid to
them, the receipt of which is hereby acknowledged, and the benefits to be derived
theretrom,
THE CLEARWATER GROUP, LTD.,
a Florida Limited Partnership
1253 Park Street, Clearwater, FI. 33756
-AND-
CLEARWATER PHASE I PARTNERS, LTD.,
a Florida Limited Partnersh~p
1551 Sandpiper Road, Maitland, FI. 32751
do hereby jointly and severally grant and convey to the CITY OF CLEARWATER,
FLORIDA, a Florida Municipal Corporation, an easement over, under and across the
following described land lying and being situate in the County of Pine lIas, State of Florida,
to wit:
A PARCEL OF LAND LYING WITHIN SECTIONS 15 AND 22,
TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY,
FLORIDA, BEING A PORTION OF THAT CERTAIN PROPERTY
DESCRIBED IN OFFICIAL RECORDS BOOK 3996, PAGE 1125,
TOGETHER WITH A PORTION OF THAT CERTAIN PROPERTY
DESCRIBED IN OFFICIAL RECORDS BOOK 3757, PAGE 374,
BOTH OF THE PUBLIC RECORDS OF PINELLAS COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED IN
THAT CERTAIN "LEGAL DESCRIPTION AND SKETCH",
SHEETS 1 THROUGH 5 INCLUSIVE, ATTACHED HERETO AND
BY REFERENCE MADE A PART HEREOF.
This easement is for drainage and utility installation and maintenance.
The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the
above described premises and to construct, install and maintain thereon any drainage and
utility facilities and to inspect and alter such drainage and utility facilities from time to
time.
Page 2 - Drainage & Utility Easement
Grantors: The Clearwater Group, Ltd. and
CleaIWater Phase I Partners, Ltd.
Grantee: City of Clearwater, Fl.
IN WITNESS WHEREOF, the un~ned grantors have caused these presents to be
duly executed this ~"30?J; day of ~~ , /P9? .
Signed, sealed and delivered
in the presence of:
THE CLEARWATER GROUP, LTD.,
a Florida Limited Partnership
-
-
By: BBR PROPERTIES, INC.,
a Georgia corporation,
general partner
By:
STATE OF GEORGIA
.
.
: 55
COUNTY OF FULTON
.
.
The foregoing instrument was acknowledged before me this 30 t~. day of
l)ec:..em bew- , ~ by Robert N. Hatfield, Jr., as President of BBR
PROPERTIES, INC., a Georgia corporation, general partner of THE CLEARWATER
GROUP , LTD., a Florida limited partnership, whom, being duly authorized, executed the
foregoing instrument and acknowledged the execution thereof to be his free act and deed
on beha f of said corporation and partnership for the use and purposes herein set forth.
atary Public - rgia
'Ku~e If ~ef
TypeIPrint Name
l)(] Personally Known
r ] Produced Identification
Type of Identification Produced
" ' ., ..' . . : ' " / \ '. ." .. ' I.' "., " i ., . ~', .. A,
Page 3 - Drainage & Utility Easement
Grantors: The Clearwater Group, Inc. and
Clearwater Phase I Partners, Ltd.
Grantee: City of Clearwater, Fl.
CLEARWATER PHASE I P ARTNERS, LTD.,
a Florida Limited Partnership
III
By: CED CAPITAL HOLDINGS IX, LTD.,
Florida Limited Partnership
----.,
WITNES S signature
W SCOTT COOPER
Print Witness Name
~M~P ~
. TNES S signature
J(q#)€Of1e D(6fitn
Print Witness Name
By:
CED CAPITAL IWLDINGS IX, INC.,
10 ida co p .Jati~~.eral partner
I
I "
'/
'I
'rock, Vice President
By:
STATE OF FLORIDA
: ss
COUNTY OF ORANGE
VL
The foregoing instrument was acknowledged before me this L day of
~ "- " ~ ,'2-000 by Jay P. Brock, as Vice President of CED CAPITAL
HOLDING , INC., a Florida corporation, said corporation being general partner of
CED CA..J>ITAL HOLDINGS IX, LTD. and CLEAR\VATER PHASE I PARTNERS,
LTD., both being Florida limited partnerships, whom, being duly authorized, executed the
foregoing instrument and acknowledged the execution thereof to be his free act and deed
on behalf of said corporation and limited partnerships for the use and purposes herein set
forth.
Type/Print Name
/'
, State of Florida
~'''~#(OI:, .
~ <' Pllggy A Biker
*~ * My Commlaalon CC60391S
".~ ~ Expires November 25. 2000
~J' \ ~
t or ,\.f'.~
[~ Personally Known
[ ] Produced Identification
Type of Identification Produced
THIS IS 1fQI A SURVEY
THERE MAYBE ADDITIONAL RES iRICTIONS AFFECTING THIS PROPERTY THA T
MA Y BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY.
THIS LEGAL DESCRIPTION AND SKETCH WAS PREPARED WITHOUT THE BENEFIT
OF A TITLE POLICY.
BEARINGS ARE BASED UPON, SEE SKETCH AND LEGAL DESCRIPTION
PINELLAS COUNTY, FLORIDA
LEGAL DESCRIPT10N:
A PARCEL OF LAND LYING WITHIN SECTIONS 15 AND 22. TOWNSHIP 29 SOUTH, RANGE /5 EAST. PINEllAS COUNTY.
FLORIDA. BEING A PORTION OF THAT CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3996, PAGE
1125, TOGETHER WITH A PORTION OF THAT CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3747, PAGE
374, BOTH OF THE PUBLIC RECORDS OF PINELlA~ COUNTY. FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF SECTION 15. TOWNSHIP 29 SOUTH, RANGE IS
EAST. PINELLAS COUNTY. FLORIDA. SAME ALSO BEING THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF SECTION
22. TOWNSHIP 29 SOUTH. RANGE IS EAST. PINELLAS COUNTY, FLORIDA. THENCE NOOo IS'59-E. ALONG THE EAST
BOUNDARY OF SAID SOUTHWEST 1/4 OF SECTION IS, FOR 1327.30 FEET TO THE NORTHEAST CORNER OF THE
SOUTHEAST 1/4 OF SAID SOUTHWEST 1/4 OF SECTION 15: THENCE NS900I'2S-W, ALONG THE NORTH BOUNDARY OF
SAID SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 15 (BEING THE BASIS OF BEARINGS FOR THIS
DESCRIPTION). FOR 350.94 FEET; THENCE SOOo5S'32-W. FOR 33.00 FEET TO THE POINT OF INTERSECTION WITH
THE SOUTH RIGHT-OF-WAY LINE OF DRUID ROAD, SAME ALSO BEING THE POINT OF BEGINNING: THENCE LEAVING
SAID SOUTH RIGHT-OF-WAY LINE OF DRUID ROAD. CONTINUE Sooo5S'32-W. FOR 20.00 FEET; THENCE
NS9001 '2S.W, ALONG A LINE 53.00 FEET SOUTH OF AND PARALLEL WI~H SAID NORTH BOUNDARY OF THE SOUTHEAST
1/4 OF THE SOUTHWEST 1/4 OF SECTION 15. SAbE ALSO BEING A LiNE 20.00 FEET SOUTH OF AND PARALLEL WITH
SAID SOUTH RIGHT-OF-WAY LINE OF DRUID ROAD, FOR 127.40 FEET; THENCE SOoo02'04-W, ALONG A LINE 20.00
FEET EAST OF AND PARALLEL WITH THE WESTERLY BOUNDARY OF THAT CERTAIN PROPERTY DESCRIBED IN OFFICIAL
RECORDS BOOK 3996. PAGE 1125 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, FOR 352.67 FEET;
THENCE CONTINUE ALONG A LINE 20.00 FEET SOUTHEASTERLY OF AND PARALLEL WITH SAID WESTERLY BOUNDARY OF
THAT CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3996. PAGE 1125. SS2007'35MW. FOR 330.47
FEET: THENCE S3so36'OS.W. FOR 161.96 FEET: THENCE NSSo II I 12.W. FOR 72.14 FEET: THENCE S52007'35MW
ALONG A LINE 20.00 FEET SOUTHEASTERLY OF AND PARALLEL WITH SAID WESTERLY BOUNDARY OF THAT CERTAIN
PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3996. PAGE 1125. FOR I 14.S4 FEET: THENCE SOOQ47'49-E.
FOR 223.58 FEET: THENCE S89020'SO.W. FOR 214.29 FEET: THENCE SOloIS'OS-W. FOR 334.6S FEET: THENCE
S8004S'S6ME. FOR 308.79 FEET: THENCE S36014'46-E, FOR 24.68 FEET TO THE POINT OF INTERSECTION OF THE
NOTE. THIS LEGAL DESCRIPTION AND SKETCH WAS PREPARED WITH THE BENEFIT OF THOSE CERTAIN SURVEYS TITLED I
HAL TA/ACSM LAND TITLE SURVEY SUNSHINE MALL. PARCEL 7"'. JOB NO. 180-01. LAST REVISION DATE 10112/99 AND ~AL TA/ACSM
LAND TITLE SURVEY SUNSHINE MALL PARCEL a AND 9M. JOB NO. 180-01. LAST REVISION DATE 7/30/99, BOTH PREPARED BY
FLORIDA DESIGN CONSULTANTS, INC.
PREP ARED FOR:
THE
CLEARWATER GROUP, LTD., A FLORIDA LIMITED
LEGj~L DESCRIPTION AND SKETCH
PARTNERSHIP
SHEET OESCRIPnON:
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10/25/99
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CHECKED:
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RANGE:
I hereby ceril1(' that IUs "aol des'=.riptlon and sketch
meets the mirdmur,' t&chnical slundo:;rd! as set farth
by the Floiid,:! Bourd of Professlo:lol Land SurvlJyon
in Chopter ~IGli'-6 Flori1o Administrative Code,
pursuan: ~;~ Sectior.\ 472.027, Florida Statutes
NO T V Al.JD WITHOUT THE SIGr~A TURE
AND THE ORIGINAL RAISED 2EAL OF A FLORIDA
L1CENSEi) SUR'.'E y'OR AND MAPPER.
AS TO EGAL cSCRI AND SKETCH
~t(
R BERT C. W GH \ JR.
PROFESSIONAL SURVEYOR AND MAPPER
L1CENDS;T~U~~~~D~S#~5z~~'fF FLORIDA
Sheet -L of ~
N/A
GMS
SEcnON:
JOB No.:
180-01
15 8 22
295
15E
FLORIJA DESIGN CONSULTANTS, INC.
ENGINEERS, ENVIRONMENTALISTS
SURVEYORS 8 PLANNERS
2639 McCormick Drive
Clearwater. Florida ~3759
(727) 724-8422
Certificate of Authorization:
State of Florida
LB 6707
, ' , I ,": '_ ..... ,.'.. '.,.'.'" "', " \ .' ~ ., ",' .,. -'. : r,_ ," ".-< ~.,.....",~ ~. ',,", ".1': t " ~-.'.~" ,'.
, .
ll-iIS IS HQI A SURVEY
THERE MAY BE ADDITIONAL RESTRICTIONS AFFECTING THIS PROPERTY THAT
MA Y BE FOUND IN THE PUBLIC RECORDS OF THIS COUNT'f.
THIS LEGAL DESCRIPTION AND SKETCH WAS PREPARED WITHOUT THE BENEFIT
OF A TITLE POLICY.
BEARINGS ARE BASED UPON, SEE SKETCH AND LEGAL DESCRIPTION
PINELLAS COUNTY, FLORIDA
SOUTH BOU~JDARY OF THAT CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3747, PAGE 374. OF THE
PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA: THENCE N89003'Z9-W, ALONG SAID SOUTH BOUNDARY OF THAT
CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3747. PAGE 374, FOR 25.10 FEET: THENCE LEAVING
SAID SOUTH BOUNDARY OF THAT CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3747, PAGE 374,
N36014'46-W, FOR 1.32 FEET: THENCE NSOo45'56-W, FOR 316.01 FEET; THENCE NOlolS'OSME, FOR 362.51 FEET
TO THE POINT OF INTERSECTION WITH THE EASTERLY BOUNDARY OF THAT CERTAIN PROPERTY AS DESCRIBED IN
DEED BOOK 834, PAGE 49 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE N21046'30-E, ALONG
SAID EASTERLY BOUNDARY OF THAT CERTAIN PROPERTY AS DESCRIBED IN DEED BOOK 834, PAGE 49, FOR 9.59
FEET; THENCE LEAVING SAID EASTERLY BOUNDARY OF THAT CERTAIN PROPERTY AS DESCRIBED IN DEED BOOK 834,
PAGE 49. N89020'SO-E. FOR 210.21 FEET; THENCE NOoo47'49-W, FOR 213.49 FEET TO THE POINT OF
INTERSECTION WITH THE AFORESAID WESTERLY BOUNDARY OF THAT CERTAIN PROPERTY DESCRIBED IN OFFICIAL
RECORDS BOOK 3996, PAGE 1125 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE N52007'35-E.
ALONG SAID WESTERLY BOUNDARY OF THAT CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3996, PAGE
1125. FOR 131.71 FEET; THENCE LEAVING SAID WESTERLY BOUNDARY OF THAT CERTAIN PROPERTY DESCRIBED IN
OFFICIAL RECORDS BOOK 3996, PAGE 1125. 5880 " '12-E, FOR 6S.67 FEET; THENCE N3so36'05~E. FOR 154.18
FEET TO THE POINT OF INTERSECTION WITH SAID WESTERLY BOUNDAR~ OF THAT CERTAIN PROPERTY DESCRIBED IN
OFFICIAL RECORDS BOOK 3996, PAGE 1125: THENCE N52007'3S-E, ALONG SAID WESTERLY BOUNDARY OF THAT
CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3996, PAGE 1125. FOR 323.60 FEET: THENCE
CONTINUE ALONG SAID WESTERLY BOUNDARY OF THAT CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK
3996, PAGE 1125. NOOo02'04-E, FOR 363.23 FEET TO THE NORTHWEST CORNER OF SAID CERTAIN PROPERTY
DESCRIBED IN OFFICIAL RECORDS BOOK 3996. PAGE 1125. SAME ALSO BEING THE POINT OF INTERSECTION WITH
AFORESAID SOUTH RIGHT-OF-WAY LINE OF DRUID ROAD; THENCE S8900I'2SME. ALONG SAID SOUTH RIGHT-OF-WAY
LINE OF DRUID ROAD. SAME ALSO BEING A LINE 33.00 FEET SOUTH OF AND PARALLEL WITH AFORESAID NORTH
BOUNDARY OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 15. FOR 147.73 FEET TO THE POINT OF
BEGINNING AND CONTAINING 45,706 SQUARE FEET OR 1.049 ACRES, MORE OR LESS. .
CLOSURE: O.OOS' GMS
NOTE, THIS LEGAL DESCRIPTION AND SKETCH WAS PREPARED WITH THE BENEFIT OF THOSE CERTAIN SURVEYS TITLED
-AL TA/ACSM LAND TITLE SURVEY SUNSHINE MALL, PARCEL 7", JOB NO. 180-01. LAST REVISION DATE 10112/99 AND "ALTA/ACSM
LAND TITLE SURVEY SUNSHINE MALL PARCEL 8 AND 9", JOB NO. 180-01, LAST REVISION DATE 7/30/99, BOTH PREPARED BY
FLORIDA DESIGN CONSUL TANTS. /~-lC.
PREPARED FOR:
THE
CLEARWATER GROUP, L TO., A FLORIDA LIMITED
LEGAL DESCRIPTION AND SKETCH
PARTNERSHIP
SHEET OESCRlPl1ON:
co
:l
~ SCALE:
N/A
DAn::
10/25/99
DRAv.tl:
CALCED:
CHEClQD:
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SECllON:
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SKA
RANGE:
.,.
I hereby certif;' that t~i~ 'egal description and sketch
meets the minimum t"chnical standards as set forth
by the FlorldtJ Boord of Profosslonal Land Surveyors
in Chapter 61G17-6 Floridc Admi"islrati"e Code.
pursuant t.o SocHo" 4 72.027, Florida Statutes
NOT VALID WITHOUT THE SIGNATURE
AND THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SUR\t OR AND MAPPER.
AS T LEGAL N AND SKETCH
180-01
15 8 22
295
15E
R...ORfJA DESIGN CONSUL T ANTS, INC.
ENGINEERS, ENVIRONMENTALISTS
SURVEYORS a PLANNERS
(J)
2639 McCormick Drive
Clsorwoter. Florida 33759
(727) 724-8422
Certificate of Authorization:
State of florida
OBERT C. RIGHT, JR.
PROFESSIONAL SURVEYOR AND MAPPER
LICENSE NUMBER LS 5 T FLORIDA
DATE SIGNED. "...
Sheet ~ of ~
La 6707
nus IS HQI A SURVEY
THERE MAYBE ADDITIONAL RESTRICTIONS AFFECTING THIS PROPERTY THAT
MA Y BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY.
THIS LEGAL DESCRIPTION AND SKETCH WAS PREPARED WITHOUT THE BENEFIT
OF A TITLE POLICY.
BEARINGS ARE BASED UPON, SEE SKETCH AND LEGAL DESCRIPTION
"- - _..-.-...'._~-----.._,.._...-._-_._-.-_._"~"_..-- - ....-..-.-" -...-----
PINELLAS COUNTY, FLORIDA
rS3.00' (BEARING BASIS)
r20.00' NORTH BNDY OF THE SOUTIiEAST 1/4
OF THE SOUTHWEST 1/4 OF 1S-29S-1SE N89.01'2S"W
~~~~ ~ '- SOO'S8'32.W - DRUID ROAD 350.94' J-'
,., .;KHJ \01, -'0 Co 1....7.7w 33.00'
SOUTH R/W LINE I
t N89"01'U-W OF DRUID ROAD
127.40' NE COR OF SE 1/4 OF SW1/4
OF SEC 15 TWP 29S RNG 15E g
r'
""
f"')
SOUTH R/W LINE
OF DRUID ROAD
NW COR OF
OR 3996, PG 1125
20.00'
N
~
.-i
~
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q)
~
~
UNE
L1
L2
L3
L4
L5
WESTERLY BOUNDARY
OF OR 3996, PG 1125
SUBJECT PROPERTY AREA=
45,706 SQ FT OR
1.049 ACRES:!:
LU
~
c...
~
%
LEGEND:
AC = ACRES
BNDY = BOUNDARY
COR = CORNER
FT = FEET
OR = OFFICIAL RECORDS BOOK
PG = PAGE
POB = POINT OF BEGINNING
POC = POINT OF COMMENCEMENT
R/W = RIGHT OF WAY
RNG = RANGE
SEC = SECTION
SQ = SQUARE
TWP = TOWNSHIP
:i: """ PLUS OR MINUS
~
.
~
c...
p
~
20.00'
LINE TABLE
BEARING
SOO"58'32"W
S361 4-' 46"E
N89"03'29"W
N361 4' 4S"W
N21.46'30"E
LENGTH
20.00'
24.68'
25.10'
1.32'
9.59'
lLJ
.
Ol
l()
in
r
o
o
z
POC
SE COR OF THE SW 1/4- OF
SEC 15, lWP 295, RNG 15E
NE COR OF THE NW 1/4- OF
SEC 22. 1WP 295, RNG 15E
NOTE. THIS LEGAL DESCRIPTION AND SKETCH WAS PREPARED WITH THE BENEFIT OF THOSE CERTAIN SURVEYS TITLED
"AL TA/ACSM LAND TITLE SURVEY SUNSHiNE MALL. PARCEL T, JOB NO. 180.01, LAST REVISION DATE 10112./99 AND "AL TA/ACSM
LAND TITLE SURVEY SUNSHINE MALL PARCEL BAND 9", JOB NO. 180-01, LAST REVISION DATE 7/30/99, BOTH PREPARED BY
FLORIDA DESIGN CONSULTANTS, INC.
PREPARED FOR:
SHEET ~lPnON:
THE CLEARWATER GROUP, LTD., A FLORIDA LIMITED PARTNERSHIP
LEGAL DESCRIPTION AND SKETCH
I hereby certify that this leqal description and sketch
meets the minimum technical 3tandards as set forth
by the Florida Boord of Profess!onal Land Surveyors
In Chapter 61G17-G Florida Administrallve Code,
pur~uont to Secllon 472.027, FlorIda Statutes
NOT VALID WITHOUT THE SIGNATURE
AND THE ORlGINAL fMIS SEAL OF A FLORIDA
LICENSED SURVE a AND PPER.
S T EGAL DE :.RIP AND SKETCH
crt
~
-0 SCALE:
DATE:
10/25/99
ORA~:
CAlCED:
CHECI<ED:
en
..J
--
en
W JOB No.:
:I:
<.)
.....
w
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--
1"=100'
180-01
295
15E
15 8 22
FLORIDA DESIGN CONSULTANTS, INC.
ENGINEERS. ENVIRONMENT ALlSTS
SURVEYORS & PLANNERS
2639 McC ormick Driv &
CI&orwal&r. Florida 33759
(727) 724.8422
Certificate of Authorization:" LB 6707
State (;If Florida
o
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-
:n
. ". . ft, "J. . , \.. l' '.' '. 'I, . . " . I ~ . . ~ . " .' . 'K '. \i' ~ J..
nus IS HQI A SURVEY
THERE MAY BE ADDITIONAL RESTRICTIONS AFFECTING THIS PROPERTY THAT
MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY.
THIS LEGAL DESCRIPTION AND SKETCH WAS PREPARED WITHOUT THE BENEFIT ,
OF A TITLE POLICY.
BEARINGS ARE BASED UPON, SEE SKETCH AND LEGAL DESCRIPTION
PINELLAS COUNTY, FLORIDA
N
MA TCH UNE SEE SHEET 2
SUBJECT PROPERTY AREA=
45,706 SQ FT OR
1.049 ACRES:f:
~~
'lfll
~t(
pf
MATCH UNE SEE SHEET 4
z
~~
$II.....
~$
II
~
LEGEND:
AC = ACRES
BNDY = BOUNDARY
COR = CORNER
FT = FEET
OR = OFFlCIAL RECORDS BOOK
PG = PAGE
POB = POINT OF BEGINNING
POC = POINT OF COMMENCEMENT .
R/W = RIGHT OF WAY
RNG = RANGE
SEC = SECTION
SO= SQUARE
TWP = TOWNSHIP
:f: = PLUS OR MINUS
NOTE. THIS LEGAL DESCRIPTION AND SKETCH WAS PREPARED WITH THE BENEFIT OF THOSE CERTAIN SURVEYS TITLED I
"AL TAlACSM LAND TITLE SURVEY SUNSHINE MALL, PARCEL 7", JOB NO. 180-01, LAST REVISION DATE 101/2/99 AND "AL TAlACSM
LAND TITLE SURVEY SUNSHINE MALL PARCEL 8 AND 9", JOB NO. 180-01, LAST REVISION DATE 7/30/99, BOTH PREPARED BY I
FLORIDA DESIGN CONSULT ANTS, INC. .
PRfPAAED F~
SHEET OESCRlPll<>>f:
THE CLEARW A TER GROUP. L TD.t A FLORIDA LIMITED PARTNERSHIP
LEGAL DESCRIPTION AND SKETCH
c>
~
~ SCALE:
~ 1"=100'
-
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DATE:
10/25/99
ORA~:
CAlCED:
CHECI<EO:
FLORIDA DESIGN CONSlA.. TANTS, ftIc.
ENGINEERS, ENVIRONMENTALISTS
SURVEYORS a PLANNERS
2639 McCormick Orlvo
Clearwater, Florid:'! 33759
(727) 724-8422
Certificate of Authorization:
State of florida
I hereby certify that this legal description and sketch
meets the minimum technical .'Standards (IS set forth
by the FlorIda Bcurd of Profelssionol Land Surveyors
In Chapter GIGI7-G Florida Administrative Code,
pursuant to Section 472.027, Florida statutes
NOT V AL!D WITHOUT THE SIGNATURE
AND THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR MAPPER.
S TO AL SC TIO NO SKETCH
(,
ROB RT C. WRIGH I JR.
PROFESSIONAL SURVEYOR AND MAPPER
L1CE~SfT~U~~~~D~S ~ Z"'~E FLORIDA
Sheet ..4- of ~
180-0J
15 8 22
295
15E
LB 6707
, . ' Ii" '<. . f' , : . ., ." ~ .. I ""1..' r ,
nllS IS .wu A SURVEY
THERE MAY BE ADDITIONAL RESTRICTIONS AFFECTING THIS PROPERTY THAT
MA Y BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY.
THIS LEGAL DESCRIPTION AND SKETCH WAS PREPARED WITHOUT THE BENEFIT
OF A TITLE POLICY.
BEARINGS ARE BASED UPON, SEE SKETCH AND I~EGAL DESCRIPTION
/
!l/
EASlERL Y BOUNDARY"" /
OF DEED BOOK 834, PG 49 "
/
/ .
/ S
N
~
PINELLAS COUNTY, FLORIDA
UA TCH UNE SEE SHEET 3
~~ ~~
$I4"'i, "i.~
........ ....01
cq. co co 01..
. .
N89"2(t!5Ct'E 210.21- ~ rr1
S8Sr2(t~
21....29"
N.
SUBJECT PROPERTY AREA=
45,706 SQ FT OR
1.049 ACRES:i:
LEGEND:
AC = ACRES
BNDY = BOUNDARY
COR = CORNER
FT = FEET
OR = OFFlOAL RECORDS BOOK
PG = PAGE
POB = POINT OF BEGINNING
pac = POINT OF COMMENCEMENr
R!W = RIGHT OF WAY
RNG = RANGE
SEe = SEC110N
SQ = SQUARE
TWP = TOWNSHIP
:I: = PLUS OR MINUS
JAI
8
Co
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-
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z
3J:
.
~
Go
r
~
~46'~
NSQ-46 56 W
_ _ _ _ _ _ _ 318.01
SOUTH BOUNDARY - - - - - - -
OF OR 3747. PG 374-
NOTE. THIS LEGAL DESCRIPTION AND SKETCH WAS PREPARED WITH THE BENEFIT OF THOSE CERTAIN SURVEYS TITLED
_ AL T AI ACSM LAND TITLE SURVEY SUNSHINE MALL, PARCEL 7". JOB NO. 180-01. LAST REVISION DATE 10/12/99 AND - ftL TAl ACSM
LAND TITLE SURVEY SUNSHINE MALL PARCEL 8 AND 9-, JOB NO. 180-01, LAST REVISION DATE 7/30/99. BOTH PREPARED BY.'
FLORIDA DESIGN CONSULTANTS, INC.
PREPARED FOR:
SHEET ~PTION:
THE CLEARWATER GROUP, L TO., A FLORIDA LIMITED PARTNERSHIP
LEGAL DESCRIPTION AND SKETCH
\:II
~
~ SCALE:
~ 1"=100'
-
(/'1
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en
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DAm
10/25/99
ORA W/ol:
cw..CfD:
OiECKE.D:
2639 McCormick Drive
Clearwater, Florida 33759
(727) 724-8422
CertifIcate of Authorization:
State of Florida
I hereby certify that thi, le~al description and sketch
meets the minimum technical standards as set forth
by the Florida Board of Professional Land Surveyors
in Chapter GIGI7-6 Florida Administrative Code.
pursuant to Section 472.027. Florida Statutes
NOT VALID WITHOUT THE SIGNATURE
AND THE ORIGINAL RAISED SEAL 0 A FLORIDA
L1C ED SU EYO NO MA: ER.
~
TO L L DES IpTIO NO SKETCH
4!,
ROB T C. WRIGH . JR.
PROFESSIONAL SURVEYOR AND MAPPER
LICENSE NUMBER LS 5 ..._TE1_~ FLORIDA
DATE SIGNED. -...-
Sheet 5 of 5
- -
JOB No.:
GMS
SECTION:
s
180-01
15 8 22
295
15E
FLORIDA DESIGN CONSU...TANTS, WC.
ENGINEERS, ENVIRONMENTALISTS
SURVEYORS 8 PLANNERS
L8 6707
i'7f-
. . . , '.. '.."'1 '. I "I I, . J ~ ,J , " ' 'I \' . I " ..,. . I '.'. 1 Ii',' ,'. J
.~W1-
Clearwater City Commission
Agenda Cover Memorandum
Work session Item #:
Final Agenda Item #
y~
Meeting Date:
02/03/00
SUBJECT/RECOMMENDATION: Award a contract for the Gulf -to- Bay Corridor Enhancement Project -
Overpass Artwork (98-0152-EN) to QRC, Inc. of Lutz, Florida for the sum of $60,901.00 which is the
lowest responsible bid received in accordance with the plans and specifications,
lEI and that the appropriate officials be authorized to execute same.
SUMMARY:
. The revitalization of Gulf-to-Bay is one of the components in the City's "One City. One Future." Blueprint.
. This project proposes to paint an artistic mural on the east side of the U.S. 19 overpass at Gulf-to-Bay (S.R. 60).
. Funding is available in the Gulf-to;.Bay (S.R. 60) corridor enhancement project.
. A pre-construction conference will be held immediately following the execution of the contract documents. The
contract time schedule will begin sometime during the month of February 2000. The contract period is for 20
calendar days
Legal ~
Budget ~
Purchasing ~
Risk Mgmt N/A
Info Srvc N/A
Public Works~
DCM/ACM
Solid Waste
Originating De~ 2>/1
Public Words Administration
User Dept.
Public Works Administration
Costs $ 60.901.00
Reviewed by:
Total
Current FY
Funding Source:
CI X
OP
Other
Attachments
Submitted by:
City Manager
o None
Appropriation Code
315-92262-563800-541-000
Printed on recycled paper
Rev. 2/98 Gulf.te-Bay Corridor Enhancement - Overpass Artwork
.... ". .' . I. ",,'.. '4 ,': .. " ,.... ',' ,: . "t. ,~", .:',,~ .". '0,., ':" l.'l'~' ,I.' "
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Clearwater City CommIssion
Agenda Cover Memorandum
Worksession Item #:
Meeting Date:
Li~
~. 3 ~ 00
Final Agenda Item #
SUBJECT/RECOMMENDATION: Adopt Resolution No. 00-03 naming City property located at 205
Windward Passage "Sunset Sam Park on Island Estates",
I&l and that the appropriate officials be authorized to execute same.
...
SUMMARY:
· For several years, the City has operated a playground on St. Petersburg Catholic Diocese property
located on larboard Way. The Church is in need of the property for future expansion and parking.
The City has identified a piece of property located at 205 Windward Passage to construct a small tot
lot playground.
. Prior to construction of the playground, seawall repairs needed to be made. These repairs have been
completed, and construction of the playground and park area will begin in January with a scheduled
completion of March 2000.
. The park will consist of playground equipment, benches, water fountain, and landscaping. This will
be a walk-to park for residents on Island Estates.
8 The Island Estates Civic Association has been very instrumental not only in securing this property for
the playground, but also in planning the park. The Association has recommended naming the park
"Sunset Sam Park".
. Current Resolution No. 94-12 specifies that the Parks and Recreation Board wi II conduct and
advertise public hearing to consider recommendations for park names at a regular meeting of the
Board. The Board held this public hearing on Monday, November 22, 1999.
. Based on the information gathered at the hearing, and on criteria contained in the Resolution, the
Parks and Recreation Board approved a motion to recommend to the City Commission that the park
property be named "Sunset Sam Park on Island Estates".
:,loo
Reviewed by:
legal ~~
Budget NA
Purchasi ng NA
Risk Mgmt NA
Info Srvc
Public Works
DCM/ACM
QOl Admin.
NA
NA
Originating Dept:
Parks & Recreation
User Dept.
Parks & Recreation
Costs
lr()tal -()-
Current FY .()-
Funding Source:
CI
OP
Other
Attachments
Resolution No. 00-03
Submitted by:
City Manager
a Pri~ed o~ ~;qcied paper
o None
A ro riation Code: None
Rev. 2/98
RESOLUTION
No. 00-03
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA, NAMING CITY PROPERTY
SHOWN ON THE ATTACHED MAP AND LOCATED AT 205
WINDWARD PASSAGE. AS "SUNSET SAM PARK ON
ISLAND ESTATES", PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City is the owner of real property located at 205 Windward
Passage which is being developed as a neighborhood park; and
WHEREAS, the Island Estates Civic Association has submitted a request
that the property be named "Sunset Sam Park"; and
WHEREAS, the Parks and Recreation Board has recommended that the
site be named "Sunset Sam Park on Island Estates"; and
WHEREAS, the City Commission desires to formally name this site in
accordance with the criteria established in Resolution No. 94-12; now therefore,
BE IT RESOL VEO BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. In accordance with the criteria previously established, the property
located at 205Windward Passage and shown on the attached map is hereby named
"Sunset Sam Park on 'sland Estates".
Section 2. This resolution shall take effect immediately upon adoption.
Resolution 00-03
PASSED AND ADOPTED this
day of
, 2000.
Brian J. Aungst
Mayor-Commissioner
Approved as to form and legal sufficiency:
Attest:
John Carassas
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
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01/24/2000 18:80
7275624825
CLWTR PARKS AND REC
PAGE B8
b) Propoaed Name fot Playground at Windward P.......
Mr. Dunbar noted three names had been submitted by the Island Estates Civic Association.
They were: Sunset Sam Park, loland Estates Sunset Sam Park, & Windward Psssege Park.
Speaking in favor of Sunset Sam Park was citizen Charlotte Endler, president of the Island
Estate. Civic Association,. who pointed out that Island Estates Is closely aligned with the
Clearwater Marine Aquarium where Sunset Sam is mascot. Discussion ensued, with members
agreeing the site location should be part of the name. Member Lindner moved that the name
be "Sunset Sam Perk on Island Estates." The motion was duly seconded and carried
unanimously. Mr. Dunbar said an agenda Item will be prepared for the January 20 meeting of
the City Commission. Ms. Endler esked to be notified when the opening date of the park has
been a.t.
ITeM 117 - Naw Business
.t ElKtIon of Office,.
Member Harris nominated Vice Chair Cashm8n to serve as Chair for the year 2000. The
modon w.. duly seconded and canied unenimOU8lv. Member Lindner nominated Member
Swanberg to serve ,.s Vic9 Chair. The modon was duly seconded and carried unanimously.
b) Comm.nt. by Board Member.
Member Harris thanked the city for consistent upkeep of Crest Lake Perk. Mr. Dunbar slid the
park recolves delly and weekly upkeep under ths department's reorganization and that the
Pllrk ill monitored for any inappropriate notivity. In re8ponse to 8 question by Member Harris.
Mr. Dunbar said he would find out when parking lot Improvements are scheduled at Frank
Tack Perk.
Member Swanberg asked If businesses were working with the City to installlandscQping
Improvements along Gulf-to-Bay Boulevard. Mr. Dunber said the City is working with
individue' property owners. Saversl busings.e. want to adopt maintenance of the medians.
Cheir Shriver said she has received favorable comments on the improvements. In response to
a comment by Member Wiand, Mr. Dunbar said power lines are not being buried due to the
cost but some may be relocElted behind businesses.
Member Wilnd said she was disturbed by news reports that mangroves along Memorial
Causeway would be trimmed to create 8 vista, ond Bsked if Nursery would b& involved in that.
Mr. Dunbar said Public Works would undertake that project. Member Wland said she felt it
was 8 travesty to cut into trees that are protected elaewhere.
Responding to 8 question by Member Wiand, Mr. Dunbar said the cost of bayfront tennis
courts improvements is approximately $80,000 for site work, which is expected to be finished
by Thanksgiving. City crews will refurbish existing courts Including new fencing, lighting, and
landscaping. Some rehabilitation to the building also is planned.
Member Rubin inquired if there was sny thought given to merging the Beautification
Committee nnd the Board. Mr. Dunbar said that has been considered since the committee has
had two vacancies for some time.
Member Rubin said foliage planted at Clearwater Pass Bridge is dying and asked if it could be
replaced with colorful Dlentings.
mprl 1 99
2
, , 122/99
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01/24/2000 10:00 7275624825
CLWTR PARKS AND REC
PAGE fl4
,~ ~ Civic Association, Ino.
.. P..O. 80x 3154 · Clearwater. Florida 337~
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7275624825
CLWTR PARKS AND REC
PAGE 02
"
..
City or Clearwater, F1cmda
PuP and Recreation Depa.nmont
~OPOSAL FOR PARK ~
PluIa Dote: "n. Pm'" wul ~CI"ttItW" Bo/JId wUJ ,,(It COdtkr any nfuuu'~ ,,,,turUf IUI existint pruJc."
(RaolUtlOD II 94-12, Attaohcd)
Proposal daM:
, 0)'1 ?'1
1. What is the current Q)lIU\'lon or unomcial name of the park or property to which thls application rcf'ers1
,AJO/P e
2. LocatiOlloflheaboveparkorpropcrty: W'JA.1OwPJ~ ~~6{ :r~tA~ t!tS-r]t7"~
3. RECOMMENDED NAME: :rS(JI1UD {)r~~.S' ~ ujCJf'u s~m PI9~
4. WiD this acw name refer to the entire CaciJiCy?
~ Yes
o No
5, II you ~ 'NO' to the above question. please explain which area or portion or the facUity would be UJeeted by
tbil recc~m~IleDded ~:
6. Na.JDCl1Dd tcJephonc number ot the individual and/or organi2atioll ~m.mcnding this action: oJ'
CItAII..'-'Tr-. f.'~'- ~~
.:cS:lJ4AJJ) ;'$71IT~ CIVl G J1rs~ . Phone: (,l61--3 ~-" I
-
1. RcasoD for this request (attach additional information as needed):
IV~ #1V:. ~ f,
8. Has the local aeighborhood bomcoWDel5 association been oontacted regarding Ibis J'eC()D1Jl1elId;uoo? II Yes. 0 No
9. Is the U~tlOD in {aYD!' oClhi. recoll1mCndatioO? (You may attach verification) ~ YCI, 0 No
10. Printed or typed name ot'person completing this application: ~~c r:-,/LItJt. f~:r:r~ ~t //le.;:;;
The abov~ action il submitted for consideration to the City of Clearwater PARKS AND iECREA nON BOARD.
Signature of applicant or clesiflJlee: {!jJ.jH/~ ~1
. Date: I () /J,,/9'/
A !WVey 01 homeol\'ners livine around the park may be required.
The Pub and Recreation Board 'Aill conduct an advertised J)ublic bcariDg for this RtOnunendation at a regular
meeti.D1 of the Baud.
fmiIi1 Based upon aiteria CODtained in ResolutioD 94-12 (attached), the Parks and Recreation Boald shall formulate a
recommendation on the proposec1 name and forward th<:lr recommendation to Lhe City Conunission for a fi.w.
dcdsJOD.
-
<>nee signed and submitted. this application becomes an official Cityo{Clwwaterdoc:umc:nt and u IUcll i. 10 be retained by tM Parks
and R~ti~ Dcpctmart in act.<<daDce with Sw.e records retcDU~ pidclina. For fw1hcr infotrnAtioo contaet the Director oCParu
aod Rocn:atiOD. P. O. Box 4748. Ciearwatef. FL )4618-47..1.
{parb;\dall\wpfi1es\jon\p8rk:name.doc} Farm fI 16()()..()292, Rev 2196
i.. ~.
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81/24/280e lO:ee
7275624825
ClWTR PARKS AHD REC
PAGE 03
City of Cleanwer, Florida
Parks and Recreation Department
PROPOSALJOR PARK NAM~
Please bote: tIoTII" Puts IIItd R.Cl'ttltio" &HmI will not consUlII' any '.q""" tD rmlUlUt aIf txlstlng PM/(. "
(Resolution II 94.12. Attached)
Proposal date:
/of/~ { tjy
.
1. What is the current coounon or unotlicial name cfthe park cr property 10 which this application refers?
t""
()tJ(:;
2. Location of the above park or property: UJ tJ D OJ,4 RJ;> /55,4<; f.. - .LS fA Ilk::> E sr /f T~ S
3. RECOMMENDED NAME: lJ/AJ DW/tle. {) Pfi.5S ~~ E
viYes
.t. Will this pew name refer to the entire facility?
o No
S. If you answered fNO' to the above question. please explain which area or portion of the facilil)' would be affected by
this recommended name:
6. Name fU\d telephone nwnber of the individual and/or or
T -l-f)1V1> ~S rt1rES (jUIe..
tion recommending this acti n: O'LILJ,o tie ~ f'<.G~
Phone: 4Lil-..3 ro / .,,/'
7. R~;;:; reqfi~l ad~::OD as needed):
8. Has the local neighborhood homeowners association been contaCted regarding this reconunendation? ~ C No
9. Is.the a$$OCiation in favor ofUUs J'CCDounendation? (You may attach verification) ~ No
10. Printed ortyped name or person completing this application: " .. E c.... - 1"\
X.SL.t1IJP e5rtJn:'5 C,I!//C . SSNJ.
The abov~ action is submJtted for consideration to the City of Cl fer PARKS AND RECREA nON BOARD. I
SignBtureofappliCllllI Or designee: ~~
,Date:
10 ;, 6 / err
tl.9.~)~ A 5Un1!Y ofhomcowners living around the park maybe ~uired.
~ 1bc Parks ~ R.ccrtatiOIl aoard \\;0 conduct an advertised public hearing for this recommendation at a regular
meeting of the Board.
~ Based upon criteria cont.ain~ in Resolution 94.12 (attacbed). the Parks and Recreation Board shall formulate a
recommendation on the proposed name and forward their recommendation to the City Conunission fQr a final
decision.
Once sign~ and sut:cnitted. this application bewmcs an official City ofClearwala' dO(ument and as such is to be rctainei by the Parks
and Rec:ru.tion Depanment in a.cc:ordaU1c;e with Slate rec<<m retention guidelines. Foe fi.u1htr infol'll\ation eoatatl tile Din:c;:tor o(Parks
and Recreation. P. O. Box "'148. CJc:arwata. FL 34618-4748.
{F*b:\data\wpmC.\jOD\parkDamI,~} Form II 1600-()~92. Rev 2196
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"'"
Work session Item #: 1 J ~
Final Agenda Item # ~
Meeting Date: ~. 3. 00
SUBJECT/RECOMMENDATION: Adopt Resolution 00-08 authorizing and directing condemnation of
property n~eded for the Town Pond project,
1!1 and that the appropriate officials be authorized to execute same.
fvJL(
Clearwater City COlnmission
Agenda Cover Memorandum
SUMMARY:
.,
. The Town Pond Project is needed to provide improved stormwater management in the downtown
area to solve existing flooding and water quality problems.
. The project requires the acquisition of property around and adjacent to the existing stormwater
facility located at Pierce Street
8 The City is empowered by the Florida Constitution and Florida Statues 73, 74, 166, and 334
through 338 to exercise the power of eminent domain and acquire such property and property.
rights as is deemed necessary for the construction of a regional stormwater treatment facility
downtown.
. There were four property owners within the project area from whom the City needed to acquire
property. Negotiations were successful in acquiring property from three of the owners
. Staff is continuing to seek a negotiated purchase with James C. Kahlmeyer, Trustee, the fourth
owner, however has been unsuccessful to date.
. The City has made a good faith offer of $245,000 plus closing costs for the property. based on the
highest cost paid for land and improvements to the other owners.
. The City's budget currently contains funds allocated for this project.
. It is imperative that all property required for the development of the project be acquired prior to the
start of construction scheduled for November of 2000.
~;
Reviewed by:
Legal I~
,
Budget N/A
Purchasing N/A
Risk Mgmt N/A
Info 5IVC N/A
Public Works /~/1
DCM/ACM
Other
Originating Dept:4~b;9
Public Works Administration
User Dept.
Public Works Administration
Costs
Total
Current FY
Funding Source:
CI
OP
Other
Attachments
Res. 00-08
Submitted by: ~~ (y-L
City Manager, f1'\-::SrL:...
Q Print -- on recycled paper
o None
Appropriation Codes:
'W}~.,~. 1,".,',,'" . '" ','. ~.: :~ };,., ~:,~ 'f;'.'", .~.: ,,;: ,'_','.. ...,~ .l,.~ .,', ... ".'~~ ;.l..',~', ',~f'_'f ,':. )', I,", ". _.~., ,.,',~ '..~ ,-'~i.'~ " :,
RESOLUTION oO-OB
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
DETERMINING THE NECESSITY TO CONSTRUCT A
REGIONAL STORMWATER TREATMENT FACILITY IN
DOWNTOWN CLEARWATER, AUTHORIZING AND
DIRECTING CONDEMNATION OF THE NECESSARY
PROPERTY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission has been advised by its Department of
Public Works that it is necessary and in the public interest to construct a
stormwater facility in downtown Clearwater, to alleviate localized flooding and to
treat stormwater prior to discharge to Clearwater Harbor, to facilitate
redevelopment of up to 150 acres of downtown property, thereby greatly
enhancing economic opportunities for its citizens; and,
WHEREAS, the City Commission has determined that the acquisition of
certain property and property rights is necessary for this public purpose; and,
WHEREAS, the City Commission is empowered by the Florida Constitution
and Chapters 73, 74, 166, and 334 through 338, Florida Statutes, to exercise the
power of eminent domain and acquire such property and property rights as is
deemed necessary by the City Commission for the construction of this project;
and,
WHEREAS, the Department of Public Works has defined the limits of
construction for the regional stormwater treatment facility, and intends in good
faith to construct the facility upon the hereinafter described property, in
accordance with conceptual drawings for the Town Pond Retention Project (City
of Clearwater Engineering Department Project No. 98-0116-EN); and,
WHEREAS, the City Commission has considered engineering analysis and
work shop presentations and has determined the necessity of acquiring certain
property and property rights only after considering alternative sites, or the lack
thereof, environmental considerations, costs of the project, long term area
planning and economic benefits to all the citizens of Clearwater; and,
WHEREAS, attempts to negotiate the acquisition of the necessary property
and property rights have been unsuccessful, and it is therefore necessary to
exercise the power of eminent domain for the public purpose of facilitating the
redevelopment of downtown Clearwater and enhancing economic opportunities
for its citizens; now, therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
.'......-., ~'.'. ,.., .. " '~,: l' t'~ t '.. ~'. ',,,,:.,,\:: ,_l.-~" ~I~:",,.';'f".'~.' ,'.1",' ..':,..'. I':, '.\~:~,::.. 'I :'/'...." ~ '": ',': " .'. y-:.. " '.::
Section 1. The City Commission finds it necessary and in the public
interest to construct the Town Pond Retention Project in accordance with
conceptual plans for the project.
Section 2. The city Commission authorizes the Public Works
Administrator or his designee, to give testimony and commit the City to the
existing conceptual plans, and developing engineering plans for this project.
Section 3. The City Commission commits itself to the particular use and
extent of the property to be taken as reflected in the conceptual and preliminary
engineering plans.
Section 4. The City Commission finds it necessary to acquire the
specified interest in the following described property in order to construct said
project in accordance with such plans:
A PORTION OF BLOCK "All, THE REVISED PLAT OF COACHMAN
HEIGHTS SUBDIVISION, AS RECORDED IN PLAT BOOI< 1 PAGE 16
OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, BEING
MORE PARllCULARL Y DESCRIBED AS:
BEGINNING ON THE NORTH BOUNDARY OF R/W OF PIERCE ST.,
WHERE THE SAME INTERSECfS WITH THE DIVIDING LINE
BETWEEN LOTS FOUR AND NINETEEN, BLOCK "A" OF COACHMAN
HEIGHTS SUBDIVISION, PLAT BOOK 20, PAGE 26 FOR THE POINT
OF BEGINNING; RUN THENCE NORTH ALONG SAID DIVIDING
LINE 150 FEET; THENCE EAST 50 FEET PARALLEL TO THE NORTH
BOUNDARY UNE OF SAID R/W OF PIERCE STREET; THENCE
SOUTH 180 FEET TO CIL OF PIERCE STREET AS ACTUALLY LAID
OUT AND AS SHOWN ON MAP RECORDED AS PART OF
INSTRUMENT #991405, PUBLIC RECORDS OF PINELLAS COUNTY,
FLORIDA; THENCE WEST ALONG SAID CIL OF PIERCE STREET 50
FEET; THENCE NORTH TO POINT OF BEGINNING, SUBJECf TO
R/W OF SAID PIERCE STREET OVER THE SOUTH 30 FEET
THEREOF; TOGETHER WITH,
THOSE PARTS OF LOTS 2, 3 AND 4 IN BLOCK "A" OF COACHMAN
HEIGHTS SUBDIVISION, ACCORDING TO THE MAP THEREOF
RECORDED IN PLAT BOOK 20, PAGE 26, PUBLIC RECORDS OF
PINELLAS COUNTY, FLORIDA, WHICH UE EAST OF A LINE WHICH
IS 188.75 FEET EAST OF AND PARALLEL WITH THE EAST
BOUNDARY OF PROSPECT AVENUE AS SHOWN BY SAID PLAT AND
WHICH UE SOUTH OF A LINE WHICH IS 130 FEIT NORTH OF
AND PARALLEL WITH THE CENTER LINE OF PIERCE STREIT AS
SAID THOROUGHFARE IS SHOWN ON MAP ATfACHED AS
I ' ." , , ,~' , ,. ....... ~, . ,OJ . ' " ,', ~ ~ ,\! '" 'r:'!:I'
"EXHIBIT B" TO THAT CERTAIN R/W DEED TO THE cm OF
CLEARWATER, RECORDED AS INST. #86263A, PUBUC RECORDS
OF PINELlAS COUNTY, FLORIDA; SUBJECf TO R/W OF SAID
PIERCE STREET OVER THE SOUTH 30 FEET THEREOF; WHICH IS
THE SAME PROPERTY AND ALSO DESCRIBED AS: BEGIN ON THE
NORTH BOUNDARY OF R/W OF PIERCE STREET AS SHOWN ON
MAP RECORDED AS PART OF INST, #991405, PINELLAS COUNTY
RECORDS, WHERE SAME INTERSECTS THE DIVIDING LINE
BE1"WEEN LOTS 4 AND 19 IN BLOCK "A" OF COACHMAN HEIGHTS
SUBDIVISION, ACCORDING TO PLAT BOOK 20, PAGE 26 FOR
P.O.B. (WHICH SAID POINT IS 594 FER WEST OF THE CENTER
UNE OF GREENWOOD AVENUE AS SHOWN ON SAID PLAl); RUN
THENCE NORTH ALONG SAID DIVIDING UNE 100 FEET; THENCE
WEsr AND PARALLEL WITH SAID NORTH UNE OF PIERCE SfREET
25,00 FEET; THENCE SOUTH AND PARALLEL WITH SAID DIVIDING
UNE BETWEEN SAID LOTS 4 AND 19, 130 FEET TO THE CENTER
LINE OF SAID PIERCE STREET; THENCE EASf ALONG SAID
CENTER liNE 25 FEET; THENCE NORTH TO P,O,B, SUBJECT TO
R/W OF SAID PIERCE STREET OVER THE SOUTH 3D FEET
THEREOF,
Section 5. The City Attorney is hereby expressly authorized to file a
petition in eminent domain against the property identified in this resolution.
Section~. This resolution shall take effect immediately upon adoption,
PASSED AND ADOPTED this
day of
, 2000.
Attest:
Cynthia E. Goudeau, City Clerk
Brian J, Aungst, Mayor-Commissioner
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APPOINTMENT WORKSHEET
45
C\k~
FOR COMMISSION MEETING Februarv 3, 2000 APPOINTMENTS Agenda #_
BOARD: Community Development Board
TERM: 4 years
APPOINTED BY: City Commission
FINANCIAL DISCLOSURE: Required
RESIDENCY REQUIREMENT: City of Clearwater
MEMBERS: 7
CHAIRPERSON: Gerald Figurski
MEETING DATES: 3rd Tues., 1 :00 p.m.
PLACE: Commission Chambers
APPTS. NEEDED: 1
DATE APPTS TO BE MADE: 2/3/00
SPECIAL QUALIFICATIONS: board shall include members qualified and experienced in the fields of
architecture, planning, landscape architecture, engineering, construction, planning & land use law
and real estate
THE FOllOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW
REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW
APPOINTEE.
Name
Date of Original
Appointment
Attendance
Record
Interest in
reappointment
1. Carlen Petersen 1999
ending 1 st term 2/29/00 (recv 1 yr start)
Retired Attorney
Board had 10 mtgs in 1999
Present 9 / absent 1
YES
THE FOllOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FIll THE ABOVE
VACANCIES:
Name-Address
1. Douglas Hilkert
2227 Habersham Drive, 33764
(Attorney)
Past member Planning & Zoning Board
2. William McCann
1563 Turner St., 33755
(Professional Engineer)
Past member Design Review Board
3. Otto Gans
868 S. Bayway Blvd., #313, 33767
(Retired Real Estate Manager)
Past member Development Code Adjustment Board
Past member Planning & Zoning Board
4. Mark A. Jonnatti
2775 Quail Hollow Rd., E., 33761
(Architect)
Past member Development Code Adjustment Board
Continued
1'.i
1',.!" ,
COB volunteers cont.
5. Whitney Gray
1010 Charles St., 33755
(Homemaker/Volunteer)
past member Environmental Advisory Board
6. William Kirbas
34 Bohenia Cir., N., 33767
(Financial Advisor)
past member Parks & Recreation Board
7. Joshua Magidson
981 Bay Esplanade, 33767
Attorney
Zipcodes of current members:
33756 - Pliska
33759 - Gildersleeve
33761 - Figurski & Petersen
33767 - Mazur, Moran & Johnson
M.
I ",'. , ".., ~ " . ,.. , ' , " .
'1~':
crrv OF CLEARWATER - APPllCA 110N FOR ADVISORY BOARDS
(mUtt be Clearwater resident)
Name: Douqlas L. Hilkert
Home Address:
2227 Habersham Dr1ve
-
Clearwater, FL
liD 33764
OffIce Address:
_ 255~ Nur~erv RQadl ~ulte ~
_ (a,eBrva~er. FL Zip ~~~
Telephone:_C ?27) 507 -9 559
4~ years (25 plus t~ ljnellas County)
Employer: Dougl." L lli11cfA'rt P t I,
Other Work Experience:
/
Telephone: ('127) 52~-14,g
How long a resident of Clearwater?
Occupation: Attorner
-. '.
FIeld of Education:
B.A. Southern.Nazarene University
J.D, StAt~Q~~~r~!tv Co11fto. of Law
If retired, fonner occupation:..
Community Activities: Chairman P.1anning and Zonin~ Board; Vice-Chairman
rh~r~Rr ~AviA~ ~~mmi+'+'8~
Other Interests:_
Board ServIce (current and past):
p & z
Board Preference:
CDB
Ch~rter Re"i~lI
Additional Comments:
Signed:
Date:
February 15, 1999
See attached list for boards that require Financial Disclosure at time of appointment
Please retonl this application & board questionnaire for each board listed to:
City Clerk's Department. P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Han, 2nd
Floor, 112 S. Osceola Avenue
,",,',.'
\\:' .,.,: ./.'., ,'" :..., ' . I, : t l ~J . ,,' J I ' !' .", ~ I'
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident)
Name: ~/~1!1P1 J. /J1 ~C/J,dAJ. ~
,
Home Address:
)5" ~ Tt-JRAJes/C Srlf'fFE r
()ttAteWA~ . FL Zip 3376'
."
Telephone: 7 z, 7 - i./- cf 3 - 7 t.- (.t:> Telephone: 72,7 - S 8''-1 - g IS" /
How long a resident of Clearwater? 51;2- tje4 ~s
Occupation: PIfI)FOS5I~AL EVt:JIJI5'E/C Employer: I-l. W.t:!" EAlGIJJG6itlAK:J fUCA
iF P'-AAJAJEIC.. .
Field of Education: Other Work Experience:
{!., v J L f!- ST If:., LIe Tt.-J;!.1'T(... G.;~IItA!ilr~P&
tJ J"T'1 t PET' 1tM/ 4,- AAif.J/A.5.s-
Office Address:
/"27 SD. fJ/lyIt.Tt..G" AVa
C!LEAILWtrr~ FL Zip 337S"
If retired, former occupation:
Community Activities: c./I AJR.I"E1iIf!.S pp. bE S;u;,J If' 61IJe:...... 73 0"'1 te 0 emf ~ .
j:::e:/i:P f} IJ e1J../l-S L1,u~ /3:'I9,m F"S 73t:>.geo ... f DIRiTc::Tae'S J v
Other Interests:
Board SelVice (current and past):
n65r(;~ X>6Vle0 J3D~180
Board Preference:
{'cMMvA/1'1 VevEWfl'M171.1T ~l9tet::l
Additional Comments:
Date: ~~ J1/111
See attached list for boards that require Financial Disclosure at time of appointment.
Please return this application & board questionnaire for each bO'ard listed to:
City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd
Floor, 112 S. Osceola Avenue R ~ n E I V E D
FEB 1 7 1999
SITY CU::~~:< DEPT.
WILLIAM J. McCANN, P.E., P.P.
-
lJceMed Prorealonal Engineer and prorealonal Planner
1563 Turner Street
Clearwater, FL 33756
727-443-7660
BACKGROUND and PROJECTS
CMC
Chairperson - Design Review Board - City of Clearwater. FL
Board of Directors - Keep PlneJlas County Beautiful. Inc.
Member - Planning Board - Atlantic Highlands, NJ - 1977-78
Member - Zoning Board - Atlantic Highlands. NJ - 1975-76
PROFESSIONAL LICENSES
Professional Engineer - Florida - 1996
Professional Engineer - New Jersey - 1972
Professional Engineer - New York -1972
Professional Engineer - Pennsylvania - 1974
Licensed Land SUIVeyor - Pennsylvania - 1980
Charter Member - American Institute of Certified Planners - October 1978
Certified by examination AlCP
Professional Planner - New Jersey - 1972
EDUCATION
Master of City & Regional Planning - Rutgers University - 1978
Bachelor of EngineeIing (CMI Engineering) - Manhattan College - 1967
RELATED WORK EXPERIENCES and DESIGN
cpmmerctal
Carnegie Center - Planned Unit Development - 550 acres - 3.3 million SF Planned Corporate Headquarters
Office Park. 350.000 SF Commercial retail. 900 multi-family residential units
Market Fair at Meadow Road Shopping Center - 350.000 SF
Gateway Shopping Center - 225.000 SF
C~ and SITE DESIGN:
Planned Unit Developments. Planned Residential Developments, Single Family. Townhouses.
Condomiums. and Garden Aparbnents. Retirement Communities.
Subdivisions and Site Plans for office buUdlngs and shopping centers
Site layout. grading. earthwork quantities, railroad track design. utUity services.
Drainage systems, detention and retention basins. infiltration and exftltration systems.
Sanitary sewerage systems. collection mains, 11ft stations, force mains. regional systems: interceptor
trunk lines. pump stations, force mains and package treatment plant designs.
R~(JEIVRn
.~ ....
FEB 1 7 1999
ro f,y :"" - I .
, . ," I,....,~ _. '..
.... _.. .. .
CITY OF CLEARWATER
Application for Advisory Boards
(must be Clearwater !UJsWl1)
l'~CEIVED'
jUt 24 1997
~ITV CLERIC D~o-r.
Name 0,('1' 0 ~ 0. A tJ ~
Home Address:
Office Address:
..-t (,,, ~. ':BA~~A~ 13&.~p ( J,~ )
CI....A ,h,JR'T!.A. t~" ZLP: 33!lU.~ t..l.!l
~A
ZlP:
Telephone q
Telephone _
.,~
How Long a wisfm1 of the City of Clearwater? ,e "Q!: "
Occupation ~~.,'CU:.OI Employer .9\h.J 0.1. (!o. (q\)~oeo) Lf.O -<,q. SOl
Field of Education:
S. t. e. t> r. "'''6, Q "Ill"'.
Jj\UU<<rAtJ 9.,,,,,,, "'''''''\f '"8"'"....." Ao"".
J~AA~" It tJJ,..,.~ 9 "...(,. .., M"Hl',
~.'i. 9T()C,... "E~ (MA,., ",I"'ht'fflTt U\g oJ
Other Work Experience:
H \1M ~ III "R's,. 0 '" ~ C.fi M .C.. ~ At. ,. e:A.tJ \J. 9 ,
~~~'" 1:'IoYA"rd! Mc;.~&.1
9~h..~ ~c,.a.
Mfct<"A""O'~U..\ ~ fo'..a. .
~'S'~#J~/....tI ~,.~ 'K'e".. -eST'U~ H<SfltJU '1'IOtJ, ~tlD e~N3ir)r:t,
If . d f . ~ t:l fj 0' """utS.
retire, ormer occupation ,,........\C-v"' Go-A.... ~~\(.,.It-J~.... c!)f'G.IQ A1:...,p1J oS !r"TlCHa-,6"T (,
Community Activites: ~API...."i:"t..7t4t.. ~ '1\: ~~ 6t () M"f'\B~a.. A"'O """I..~tJ
~~~OW~ e.\, e OMM 111'E Eo : ~EP. e.\,. CHAMc3€ ~ ... geQ~K Cl-tA Ma~tt ., F' (!O "MER,S.
t$&.\1."R,e,60~ "''''.1( ~.~cE
Other Interests:
Board Service (current and past)
11"" CO~ ilPJ. '1?o"lti> (~~A9)
1ft"" "I{'A<<,~...~.,
'1'a..A .. ..,,'" C. A I.H) '1 I) t.J It"' (, C f'... (.)
Board Preference:
~ II
" a 1o/i'A"t"'E
~'vJ- ~v &&.0 p"~toJ" .toI.e."'~e"flo ( tJA". '7 )
9{yjq1- j/y. i.' ·
C1j~~- Mc.cB
Additional Comments: f~Pf2It..,CCO .JJ: ~"tJtJIWC. "'GttDWnc tiGHT) ~.,,':~STAfE Z"Nlfo14)
SeliN VfU~'AN(ISJ 'Pelt.o",,,,C'- Ao"... Ut-l...... "'..or,,.1"."'.
Signed: dI R~ Date: /11 ~~ 199'1
Please see attached list for Boards that require Financial Disclosure. PLEASE RETURN THIS
FORM TO: City Clerk's Department P.O. Box 4748 Clearwater, Fl 34618
'. ." ,'. . . ~ ..,' . . :." .
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BOARD QUESTIONNAIRE
.. .
App'ncont'. Nam.:
. . .
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Name of Board Applying For: "'"P...~ c(t tJ'-W ....p~~Nt-"Nc,. .~ eA~"
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1 . What is your understanding of the board' I duties arid responsibilities?
'. .
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2. biaw you ever observed a b'oard meeting eith-er in person or on C-View, th~
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Cit\f,'s TV station7 . . '. . .
. .
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3. What background and/or qualifications do you have that you feel would qualify
you to serve on this Board?
ILJ Y~J 'e"P~/f1.fIJ(~ Q~ A- '1ft5-~fle.A. 0': ~H.:. pe~
dOAIlO (tltl1J.flMfuJ >"tRS) R-A}p "...x~~.,.~ '1.3"A~O
4. Why do you want to serve on this Board?
~ 116'-1' .,.,-I/S errV' 0' ~l.eAft~~tS~ ~~O~ AI"
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Spencer'and Jonnatti Architects, Inc.
Architecture
Interior Design
Planning
1661 usa., Dmc
LarJo. Florida 33 771
'1)/,aS.ARCH
FAX 813' 516.2526
sjafch@.oI.c.om
Vtww.sjarch.com
January 5. 1999
Ms. Cindy Goudeau
City Clerk
City of Clearwater
112 S. Osceola Avenue
Clearwater. Rorlda 33756
P.~~EJ.'!EJ)
JAN 0 a 1999
CITY CLERK DEPr.
Dear Ms. Goudeau.
Please accept this letter confirming my desire to be considered for appointment
on the proposed acommunity Development Board-.
I have been a resident of Clearwater for over 13 years, and am a business
owner and present member of the city's Development Code Adjustment Board.
My business, Spencer and Jonnatti Architects, Inc., was awarded Clearwater's
.Small Business of the Year" in 1994. After 9 years in Largo we will be
relocating to the City of Clearwater in March of 1999.
As an architect I have a vested interest in the planning and design of our built
environment and have followed the development of the Community
Development Code closely.
I would welcome the challenge of a position on the new board.
Sincerely,
00: Mike Roberto I City Manager
Ed Hooper I City Commissioner
1995 Blue Chip Enterprise A ward
T\1emhrr, nfrhf' Aml\nf''''" '...r':..... ,r ~ "_t.:.. .
FEB-19-99 ealea PM Ku~~ G~av A~90.vH.QI~h
ala ~42 sa12 p.e2
113 !62 d0S6 P.~
F~8-17-1999 lel3~ CL.EM'~;nER t;lf1 Q.ERI(
elT\' OF CLEARWATER · APPLICATION FOR ADVISORY BOARDS
(mutt be elt.tWlter relld."t)
N8me:~ G-ro..~ _
Home Add,...:
.1QJ 0 f..bQ.d~-5 S+. __
....CJ p ~ ~w"- -+~ ~fp ~u...cr
T.lophone:~_.
How long I realdent of Clearwat.r? ~ OV\~
Occupation:
Flbtd of Education:
~~. Z~~ll~\". ~
.....waR.cJA.~~
OffIcI Addl'8l'~
~
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T.lephone: ~
(6' Y'~).
Employer.... 1 ~
Other Work Experience:
_~*r J t"tCf'ulil.c..- M4.....~
V()Ua.n.+e.Q.t' ~~S
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If retired. fonner occupation: ~
Community AdI\tIUe$:
f.h ' ~\f..onMel\W M~lsM~~n:t.:
Oth'rfntere8ts~~~~ ~"'^'"t""~,,,~-QI'l - !
Board Service (current and past): Board Preference: !
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Signed :
Date:. c!J/.$
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See 'ft$ched lIet far boards that requIre FInancial Diecloaurt at time of appointment.
Pleaso return thle epplioatJon & board questionnaire for eaoh board lilted to:
City Clerk'$ Dopartment, P. D. Box 4748. Clearwater, FL 33758--4748 or drop 0' at City Hall, 2nd
Floor, 112 S ?Jceo', Avenue ·
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FEi-l1-1M 11:31 CLW~TfJl. Clf1 Q.EPJ(
ICARD QUISTIONNAlRE
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3. Wha1 b.okgrou"d end/or quallflol11onl do you have thet YOU foci would qualify
you to serve on this BOllrd?
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4. Why do vou want to aerve on thlc Board?
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Board Name:
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CITY OF CLEARWATER -APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident)
Name:
Home Address:
WtT.I.TAM l:l l(1~BAS
Office Address:
34 Bohenia Circle North
1811=\7 TLS Highway 19 No., SuitQ 100
Clearwater1 Florida'
Zip 33767
Zip 3',764
~1p~yw~~PY, F'nrin~
Telephone: 446-4870
How long a resident of Clearwater?
Occupation:. Financial Advisor
Field of Education:
Telephone:
447-6123
lA Y2ar~
Employer: American Express
Other Work Experience:
Associate degree, engineering
B.S. degree, physics & mathematics
M.B.A. degree, finance & marketinq
Maqnetics enqineer
P1;tnt: Mani=\gpr
General Manaqer
If retired, former occupation: n/a Bus i ness owner
Community Activities: Director I Jo] ley Trol1 Py. ni rp~t.nr F., VP ~, Pi=l r"lo{a t py
Beach ~ssociation
Other Interests:
Woodworkinq and mechanics
Board Service (current and past):
Parks & Recreation
Board Preference:
Community Develo~ment Board
Parks & Recreation Board
Additional Comments:
Signed:
(l)~
April 13, 1999
Date:
See attached list for boards that require Financial Disclosure at time of appointment.
Please return this application & board questionnaire for each board listed to:
City Clerk's Department P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd
Floor, 112 S. Osceola Avenue
RRCEIVED
APR 1 U 1999
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BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
The board is a comprehensive administrative board that has
assumed reponsibilty of prior mUltiple board activities
involving zoning and land use, development code adjust-
ments, design review and planning. It is this board's
obligation to conduct public hearings relating to petitions
brought before the board by residents and interested parties.
2. f-Iave you ever observed a board meeting either in person or on C-View, the
City's TV station?
Many times as well as serving on the Parks and Recreation
Advisory Board for four years.
3. What background and/or qualifications do you have that you feel would qualify
you to serve on this Board?
I have the academic~ background and work experience
to qualify me in rendering fair and sound judgment
regarding matters of development brought before the board.
I have engineering and financial training that would assist
me in comprehending and evaluating matters under discussion.
4. Why do you want to serve on this Board?
I have been a resident of Clearwater for over 18 years.
I've addressed the city commission and various boards
relating to codes, planninq and zoninq. I'm more than
familiar with the affairs of the City, past and present.
I'm interested in enhancing tha quality of life .for our
Name:
residents and I would offer my advice to achieve it.
Board Name: Commlln i 1j E,C ~~ D
APR 16 1999
William P. Kirbas
CITY CLEi1K DEPI.
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~AL -3:' 99;WEO) 09.38 ~4CFARLANE FEaGUSO~ MCMULLEN TEL:~~2 I~'O
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CITY OF CLEARWATeR · APPL'CAT}ON FOR ADVISORY BOARDS
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Home Addre..:
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Telephone: I/t/", .. I c.I, f
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How long a msldent of Clearwater?
Occup~~tlon: ~ ~ 1'\ ~
Fierd gf edUCt.ttlon:
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If retired, former oecupatian:_ _
Community Aclll/itles' ;.t"r<-r-. ~ ,u ~; ~ ~ fj ~~
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Other Inllrlllll: ~ · , ~ fJ~;- ~I(.. ~} ifr-
Soard Service (current and past): Beard Preference:
ebB
Office Addre,,:
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l'elephone: If 'II -rf l- &
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Other Work Experience:
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AddttionaJ Commentl:
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Date:
:5 M&io,
Signed:
ardalhat . rNncial ~ilcl~ure at time of appointment
Ploas., return thi llcatlon & board questionn." for each beard listed Ie:
City Clerk', Depiutment. P. o. Box 47~S. CrearwatBr, FL 33758-4148 or drop off at City HaU. 2nd
FlOar, 112 S. Osceola Avenue .r~
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MACFARLANE FERGUSON ~CMULLEN. TEL:442 8470
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2. Hav. you ever oDserveO . bOlrd mdGting aither in penon or on C-View. the
City' I TV I,ation 1
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3. What oackground and/or qU8lificatl~s de you havI that vou fell would quaHfy
you to serve on this Board~
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4. Why do -;OU Wllnt to Serve on this Sb.d7
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47
RESOLUTION NO. 00-07
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, ASSESSING CERTAIN REAL PROPERTY
LOCATED IN LOT 7, BLOCK 2, SPRINGFIELD
SUBDIVISION NO.2, HAVING A POST OFFICE ADDRESS
OF 1022 N. MISSOURI AVENUE, CLEARWATER,
FLORIDA, AS DESCRIBED MORE PARTICULARLY
HEREIN, IN THE AMOUNT OF $2,959.00 FOR THE COSTS
OF DEMOLITION INCURRED IN REMOVING A
DANGEROUS STRUCTURE WITHOUT THE CONSENT OF
OWNER; PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to Chapter 47 of the Clearwater Code of Ordinances and the
Standard Building Code, the Building Official determined that certain real property
described herein and the building situated thereon were unsafe, unsanitary, unfit for
human habitation, and dangerous and detrimental to the health,. safety, and general
welfare of the community, and did not comply with the requirements of said Code, and
found that an emergency existed which, in his opinion, involved danger to human life and
health, and ordered the demolition of the building; and
WHEREAS, the City of Clearwater and the owner have caused the abatement of
the unsafe building, and the City's costs of such work should now be assessed as a lien
on behalf of the City of Clearwater against the property; now, therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The Building Official having ordered the abatement of the unsafe
building situated on the following described property:
Lot 7, Block 2, Springfield Subdivision No.2, according to the plat thereof,
as recorded in Plat Book 4, Page 23, Public Records of Pinellas
County, Florida.
(Parcel Number 10-29-15-85032-002-0070).
P:l~~~iPBr!CQ{al
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{?:~:t'j~1~iF9l?1.!m~oY~;f~f~~~i[~j"~ir~;~:}'1:f~);;,;.;~;~~i~;{':/:;I."~~J::~~:'<',~~;%~t}~K.:,',:;,;>:,,~.:):W~f,,~'R~vq~~I~,:Ttij~t:g~!~~
;)i"~1t122";N;:l7Miss'oori\Ave-nlie~:/~;:;'~> ;/, ,';, ';(f./,:/~',,:,;;, i,,;',:,', ":;August'; 6' :"199d
iff;" :'~~.;~.~" ,<" ~j'>F::' ~~"~":;:;':;~r' ";";~,' ..:':'\, '<,i,.,..." '~t~~~m~,;~'::,':'rj~;t'~:;('::f&~;;?,;~~:':n\",::;:~" ,;,.j: ::(:"" ,;,
'l; . '~~~~t~r!I:,~f9qd.a.,a~~5~~,:{;",:.:",,<,::!":,;:;::;!);~:::!A;:-:"J,.:i.~;:1,Q~..IQI?'~tt:Stre~t "',' .' ,
;&~~. -i r~~IJ~1~;f2M:;~~(:Ni]H:~\~~t{:':.LiJ~~~{ii1~~r~~~':i;:: L:~i~~1~:',.f.:6~ifg;t~1~~;~i1' :::'J ~jpQ6j,~Rti.Q9~i,J?19jj9,~:~9.4~~,~
and the City of Clearwater having now completed said work, the City Commission does
hereby assess and charge a lien on behalf of the City of Clearwater against the property
for the necessary costs incurred as follows:
Resolution No. 00-07
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TOTAL DEMOLITION COSTS $2,959.00
(See Attachment "A")
Section 2. As soon as practicable, a Certificate of Indebtedness against the
property for the amount of assessment shall be prepared, which certificate shall constitute
a lien prior to all other liens except the lien for taxes. Said certificate, when issued, shall
be payable to the City with interest at a rate of ten percent (10%) per annum.
Section 3. The City Clerk is hereby directed to prepare a Notice of Lien in the
amount of the assessment against said property, and to record the same in the Public
Records of Pinellas County, Florida.
Section 4. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this
day of
, 2000.
Attest:
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Cynthia E. Goudeau
City Clerk
Leslie K. Dougall-Sides
Assistant City Attorney
2
Resolution No. 00-07
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ATIACHMENT "A"
Resolution 00-07
(1022 N. Missouri Avenue, Clearwater. Florida)
TASK
TIME
NALOL (pinelIas County Records for ownership)
Various correspondence and telephone calls
Purchase requisitions
Take photographs
TOTAL HOURS
15 Hours
EXPENSES
AMOUNT
(15) hours @ $25.00 per hour $375.00
Film, developing, and prints 10.64
Certified Mail and regular postage 22.68
Title Search - Sexton Title Services, Inc. 50.00
Asbestos Survey - Occupational Health Conservation, Inc. Nt A
Asbestos Removal - Lange Engineering of Florida Nt A
Monitoring of Asbestos Removal - Occupational Health Conservation, Inc. Nt A
Demolition (Howard Jimmy Demolition Contractor) 2,500.00
TOTAL EXPENSES
$2,958.32
LIEN AMOUNT
$2,959.00
3
Resolution No. 00-07
47
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Preliminary Agenda
(W orksession)
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PRELIMINARY AGENDA
Clearwater City Commission Worksession - Monday, January 31, 2000 - 9:00 A.M.
PUR PURCHASING
Garber Buick Pontiac GMC, one 2000 Chevrolet Cavalier compact sedan (replacement), $12,318;
funding to be provided under City's Master Lease-Purchase Agreement (GS)
Don Reid Ford, two 2000 Ford Taurus sedans (replacements), to be used by Police, $31,450;
funding to be provided under City's Master Lease-Purchase Agreement (GS)
Professional Grounds Management, maintenance of medians on Gulf to Bay Blvd., 3/1/00-
2/28/01, est. $38,426 (QOL)
Grinnell Corp., brass water fittings, 3/1/00-2/28/01, est. $60,000 (PW)
PR PARKS AND RECREATION
1. Ratify/Confirm City Manager's decision to increase professional service contract with Krishnan
Anandan, Parks and Recreation Tennis Professional, from $25,000 to $55,000 and extend term
from 12/31/99 to 4/30/00 (Consent)
2. Res. #00-03 - naming city property located at 205 Windward Passage as "Sunset Sam Park on
Island Estates"
QOL QUALITY OF LIFE
1. Award $50,000 contribution to Clearwater Arts! Foundation, Inc. (Consent)
PLD PLANNING & DEVELOPMENT SERVICES
1. (Cant. from 1/20/00) Public Hearing & First Reading Ords. #6488-00, #6489-00 & #6490-00 -
Annexation, Land Use Plan Amendment to Residential/Office Limited & Office Zoning, 3150
McMullen Booth Rd., Sec. 21-28-16, M&B 23.10 (Robert & Nancy Hurst, A99-20)
PW PUBLIC WORKS
1. Contract for Gulf to Bay Corridor Enhancement Project - Overpass Artwork to QRC, Inc., for
$60,901 (Consent)
2. Contract for Sand Key Sailing Center - Boat Ramps to Harvey-Taddeo, Inc., for $115,361.40
( Consent)
3. Authorize release of that certain Easement for waterlines and related facilities granted by WRC
Properties, Inc. on 10/22/80 in respect to its encumbrance of Phase III Arbor Office Center
(Consent)
4. Res. #00-08 - authorizing & directing condemnation of property needed for Town Pond project
5. Agreement with FDEP to share contamination assessment & site remediation costs at Clearwater
Beach Seafood located at 37 Causeway Blvd., $132,840
6. Agreem-ent with FDEP to share contamination assessment & site remediation costs related to
former fleet maintenance facility located at 507 Vine Ave., $270,600
1 /31/00
i
eLK CITY CLERK
1 . Community Development Board - 1 appointment
CA lEGAL DEPARTMENT
Second Reading Ordinances
1. Ord. #6470-00 - Annexation, Sunset Highlands Unit 2, lot 6 (Booker T. & Hong-Sun Colson)
2. Ord. #6471-00 - land Use Plan Amendment to Residential Urban, Sunset Highlands Unit 2, lot 6
(Booker T. & Hong-Sun Colson)
3. Ord. #6472-00 - lMDR Zoning, Sunset Highlands Unit 2, lot 6 {Booker T. & Hong-Sun Colson}
4. Ord. #6473-00 - Annexation, Sec. 16-29-16, M&B 22.04 (Taylor G. Bingham III)
5. Ord. #6474-00 - land Use Plan Amendment to Residential Urban, Sec. 16-29-16, M&B 22.04
(Taylor G. Bingham III)
6. Ord. #6475-00 - lMDR Zoning, Sec. 16-29-16, M&B 22.04 (Taylor G. Bingham III)
7. Ord. #6477-00 - regarding sale of city owned surplus real property
8. Ord. #6478-00 - Vacating 50' r-o-w of N. Gulfview Blvd., lying north of Papaya Street (aka Palm
Street) & south of San Marco Street (aka Mangrove Street) (Mandalay Beach Club, ltd., VOO-01)
9. Ord. #6479-00 - Granting to KMC Telecom III, Inc. permission to occupy municipal streets and
rights-at-way in the City of Clearwater as a means o'f providing telecommunication service;
prescribing terms and conditions accompanying the Grant of Franchise
10. Ord. #6480-00 - amending City Code of Ordinances and amending City of Clearwater Money
Purchase Pension Plan Document, to provide for loan provisions for plan participants
11. Ord. #6481-00 - Vacating westerly 3' of easterly 10' utility easement, DelOra Groves, First
Addition, lot 110, subject to complying with Sec. 1 of Ordinance (Groteke, V99-12)
12. ReadoPt Ord. #6482-00 - Submitting to the City Electors proposed amendments to the City
Charter amending Sec. 2.01 (d) 5 (vii) regarding leasing surplus municipal real property
13. Ord. #6483-00 - land Use Plan Amendment to Residential/Office Limited for property located at
809 Druid Rd., Magnolia Park Sub., Blk 40, Lots 4 & 5 (Stephen Watts)
14. Ord. #6484-00 - Office Zoning for property located at 809 Druid Rd., Magnolia Park Sub., Blk 40,
Lots 4 & 5 (Stephen Watts)
15. Ord. #6485-00 - Annexation, 1735 West Manor Ave., Clearwater Manor, Lot 39 (Nabil & Nadia
Youssef, A99-21)
16. Ord. #6486-00 - land Use Plan Amendment to Residential Low, 1735 West Manor Ave.,
Clearwater Manor, lot 39 (Nabil & Nadia Youssef, A99-21)
17. Ord. #6487-00 - lMDR Zoning, 1735 West Manor Ave., Clearwater Manor, Lot 39 (Nabil &
Nadia Youssef, A99-21)
18. Ord. #6492-00 - Land Use Plan Amendment to Commercial General, 2463 Gulf to Bay Blvd.,
Sec. 18-29-16 (Sunny Grove Mobile Home Park, Inc., Z99-04)
19. Ord. #6493-00 - Commercial Zoning, 2463 Gulf to Bay Blvd., Sec. 18-29-16 (Sunny Grove
Mobile Home Park, Inc., Z99-04)
20. Readopt Ord. 6494-00 - Relating to Employees Pension Plan; amending Sec. 2.393 of Code of
Ordinances to amend or delete definitions; amending Sec. 2.397 of Code to amend benefits
under the plan; providing for referendum election relating to the pension plan
21. Ord. #6498-00 - Relating to Occupational License Fees; amending Appendix A, Schedule of Fees,
Rates & Charges by 5 % increase in fees and amending administrative fee charges
22. Ord. #6499-00 - Relating to Building & Development Regulations; amending Appendix A,
Schedule of Fees, Rates & Charges, Relating to Sec. 47.084(4)
23. Ord. #6500-00 .. establish new non-resident fees for participation at City recreation facilities and
in City recreation programs & activities
24. Ord. #6501-00 - reducing number of members on Library Board from 9 to 7
1/31 /00
2
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Resolutions
1. Res. #00-07 - Demolition Lien - 1022 N. Missouri Ave., Springfield Subdivision No.2, Blk 2, Lot
7 (WSF Revocable Trust dated 8/6/90)
Agreements, Deeds and Easements
1. Drainage & Utility Easement - parcel of land lying within Sec. 15-29-15 & Sec. 22-29-15 (The
Clearwater Group, Ltd. & Clearwater Phase I Partners, Ltd.)(Consent)
OTHER CITY ATTORNEY ITEMS
City Manager Verbal Reports
Presentation(s) for Thursday Night
1. 1999 Federal Legislative Report - Danielle McBeth
Other Commission Action
Adjourn
1 /31 /00
3
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